North Dakota 69-2025 Assembly Status: Enacted

HB 1124 — Relating to the standards and management of an insurer with an insurance holding company system and the confidential treatment of investigation and examination records of insurance holding companies.

Last action — Filed with Secretary Of State 03/18

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 07, 2025. Enacted.

Signed by Governor Kelly Armstrong (Republican) on March 18, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

AN ACT to amend and reenact sections 26.1-10-01, 26.1-10-04, 26.1-10-05, and 26.1-10-07 of the North Dakota Century Code, relating to the standards and management of an insurer with an insurance holding company system and the confidential treatment of investigation and examination records of insurance holding companies.

Bill Text

What changed in the latest version

610 added · 695 removed

610 line(s) added, 695 removed.

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Previous
Latest
25.8125.01000 Sixty-ninth Legislative Assembly HOUSE BILL NO.
Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 HOUSE BILL NO.
1124 of North Dakota Introduced by Industry, Business and Labor Committee (At the request of the Insurance Commissioner) A BILL for an Act to amend and reenact sections 26.1-10-01, 26.1-10-04, 26.1-10-05, and 26.1-10-07 of the North Dakota Century Code, relating to the standards and management of an insurer with an insurance holding company system and the confidential treatment of investigation and examination records of insurance holding companies.
1124 (Industry, Business and Labor Committee) (At the request of the Insurance Commissioner) AN ACT to amend and reenact sections 26.1-10-01, 26.1-10-04, 26.1-10-05, and 26.1-10-07 of the North Dakota Century Code, relating to the standards and management of an insurer with an insurance holding company system and the confidential treatment of investigation and examination records of insurance holding companies.
The commissioner may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such Page No.
The commissioner may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.
1 25.8125.01000 Sixty-ninth Legislative Assembly determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.
"Enterprise risk" means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer which, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or the insurer's insurance holding company system as a whole including anything that would cause the insurer's risk-based capital to fall into company action level as set forth in section 26.1-03.1-03 or would cause the insurer to be in hazardous financial condition as set forth in North Dakota Administrative Code section 45-03-13-01.
"Enterprise risk" means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer which, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or the insurer's insurance holding company system as a whole including anything that would cause the insurer's risk- based capital to fall into company action level as set forth in section 26.1-03.1-03 or would cause the insurer to be in hazardous financial condition as set forth in North Dakota Administrative Code section 45-03-13-01.
6.7.
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1124 - PAGE 2 6.7.
Based on a three-year rolling average, the total assets of the insurance holding company system are at least fifty billion dollars or the total gross written Page No.
Based on a three-year rolling average, the total assets of the insurance holding company system are at least fifty billion dollars or the total gross written premiums of the insurance holding company system are at least ten billion dollars.
2 25.8125.01000 Sixty-ninth Legislative Assembly premiums of the insurance holding company system are at least ten billion dollars.
Every insurer that is authorized to do business in this state and which is a member of an insurance holding company system shall register with the commissioner, except a foreign insurer subject to registration requirements and standards adopted by statute or rule in the jurisdiction of its domicile which are substantially similar to those Page No.
Every insurer that is authorized to do business in this state and which is a member of an insurance holding company system shall register with the commissioner, except a foreign insurer subject to registration requirements and standards adopted by statute or rule in the jurisdiction of its domicile which are substantially similar to those contained in this section and section 26.1-10-05.
3 25.8125.01000 Sixty-ninth Legislative Assembly contained in this section and section 26.1-10-05.
The commissioner may require any insurer authorized to do business in the state which is a member of an insurance holding company system not subject to registration under this section to furnish a copy of the registration statement, the summary specified in subsection 10 of section 26.1-10-04, or other information filed by the insurer with the insurance regulatory authority of the domiciliary jurisdiction.
The commissioner may require any insurer authorized to do business in the state which is a member of an insurance holding company system not subject to registration under this section to furnish a copy of the H.
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1124 - PAGE 3 registration statement, the summary specified in subsection 10 of section 26.1-10-04, or other information filed by the insurer with the insurance regulatory authority of the domiciliary jurisdiction.
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(7) Dividends and other distributions to shareholders.
4 25.8125.01000 Sixty-ninth Legislative Assembly (7) Dividends and other distributions to shareholders.
Unless the commissioner by rule or order provides otherwise, sales, purchases, exchanges, loans or extensions of credit, or investments, or guarantees involving one-half of one percent or less of an insurer's admitted assets as of December thirty-first next preceding are not material for purposes of this section.
Unless the commissioner by H.
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NO.
1124 - PAGE 4 rule or order provides otherwise, sales, purchases, exchanges, loans or extensions of credit, or investments, or guarantees involving one-half of one percent or less of an insurer's admitted assets as of December thirty-first next preceding are not material for purposes of this section.
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5 25.8125.01000 Sixty-ninth Legislative Assembly 4.
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6 25.8125.01000 Sixty-ninth Legislative Assembly 11.
The report must be completed in accordance with the national association of insurance commissioners group capital calculation instructions, which may permit the lead state commissioner to allow a controlling person that is not the ultimate controlling person to file the group capital calculation.
The report must be completed in accordance with the national association of insurance commissioners group capital calculation instructions, which H.
B.
NO.
1124 - PAGE 5 may permit the lead state commissioner to allow a controlling person that is not the ultimate controlling person to file the group capital calculation.
If the federal reserve board cannot share the Page No.
If the federal reserve board cannot share the calculation with the lead state commissioner, the insurance holding company system is not exempt from the group capital calculation filing.
7 25.8125.01000 Sixty-ninth Legislative Assembly calculation with the lead state commissioner, the insurance holding company system is not exempt from the group capital calculation filing.
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8 25.8125.01000 Sixty-ninth Legislative Assembly g.
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1124 - PAGE 6 15.
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9 25.8125.01000 Sixty-ninth Legislative Assembly b.
d.
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1124 - PAGE 7 d.
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10 25.8125.01000 Sixty-ninth Legislative Assembly f.
At the request of the insurer, the affiliate shall permit the receiver to obtain a complete set of all records of any type that pertain to the insurer's business, obtain access to the operating systems on which the data is maintained, obtain the software Page No.
At the request of the insurer, the affiliate shall permit the receiver to obtain a complete set of all records of any type that pertain to the insurer's business, obtain access to the operating systems on which the data is maintained, obtain the software that runs those systems either through assumption of licensing agreements or otherwise, and restrict the use of the data by the affiliate if it is not operating the insurer's business.
11 25.8125.01000 Sixty-ninth Legislative Assembly that runs those systems either through assumption of licensing agreements or otherwise, and restrict the use of the data by the affiliate if it is not operating the insurer's business.
a.
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1124 - PAGE 8 a.
Loans or extensions of credit to any person that is not an affiliate, if the insurer makes loans or extensions of credit with the agreement or understanding that the proceeds of the transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make Page No.
Loans or extensions of credit to any person that is not an affiliate, if the insurer makes loans or extensions of credit with the agreement or understanding that the proceeds of the transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in any affiliate of the insurer making the loans or extensions of credit provided the transactions are equal to or exceed:
12 25.8125.01000 Sixty-ninth Legislative Assembly investments in any affiliate of the insurer making the loans or extensions of credit provided the transactions are equal to or exceed:
A direct or indirect acquisition or investment in a Page No.
A direct or indirect acquisition or investment in a subsidiary acquired pursuant to section 26.1-10-02, or authorized under any other section of this chapter, or in a nonsubsidiary insurance affiliate that is subject to this chapter, is exempt from this requirement.
13 25.8125.01000 Sixty-ninth Legislative Assembly subsidiary acquired pursuant to section 26.1-10-02, or authorized under any other section of this chapter, or in a nonsubsidiary insurance affiliate that is subject to this chapter, is exempt from this requirement.
Nothing in this subsection may be deemed to authorize or permit any transactions which, in the case of an insurer which is not a member of the same insurance holding company system, would be otherwise contrary to law.
H.
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1124 - PAGE 9 Nothing in this subsection may be deemed to authorize or permit any transactions which, in the case of an insurer which is not a member of the same insurance holding company system, would be otherwise contrary to law.
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14 25.8125.01000 Sixty-ninth Legislative Assembly d.
or b.
or H.
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1124 - PAGE 10 b.
This carry-forward must be computed by taking the net income from the second and third preceding Page No.
This carry-forward must be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years.
15 25.8125.01000 Sixty-ninth Legislative Assembly calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years.
Any document, material, or other information in the possession or control of the North Dakota insurance department which is obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 26.1-10-06 and all information reported pursuant to subdivisions l and m of subsection 2 of section 26.1-10-03 and sections 26.1-10-04 and 26.1-10-05 is confidential and privileged, not subject to section 44-04-18, not subject to subpoena, Page No.
Any document, material, or other information in the possession or control of the North Dakota insurance department which is obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 26.1-10-06 and all information reported pursuant to subdivisions l and m of subsection 2 of section 26.1-10-03 and sections 26.1-10-04 and 26.1-10-05 is confidential and privileged, not subject to section 44-04-18, not subject to subpoena, and not subject to discovery or admissible in evidence in any private civil action.
16 25.8125.01000 Sixty-ninth Legislative Assembly and not subject to discovery or admissible in evidence in any private civil action.
The commissioner may not otherwise make the document, material, or other information public without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer and its affiliates that would be affected thereby, notice and opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the publication thereof, in which event the commissioner may publish all or any part thereof in any manner the commissioner deems appropriate.
The commissioner may not otherwise make the document, material, or other information public without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer and its affiliates that would be affected thereby, notice and opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the publication thereof, in which H.
B.
NO.
1124 - PAGE 11 event the commissioner may publish all or any part thereof in any manner the commissioner deems appropriate.
If the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information, and has verified in writing the legal authority to maintain confidentiality, the commissioner may share any document, material, or other information, including the confidential and privileged Page No.
If the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information, and has verified in writing the legal authority to maintain confidentiality, the commissioner may share any document, material, or other information, including the confidential and privileged document, material, or information subject to subsection 1, including proprietary and trade secret documents and materials, with any other state, federal, and international regulatory agency, the national association of insurance commissioners and its affiliates and subsidiaries, any third-party consultant designated by the commissioner, and any state, federal, or international law enforcement authority, including members of any supervisory college described in section 26.1-10-06.1;
17 25.8125.01000 Sixty-ninth Legislative Assembly document, material, or information subject to subsection 1, including proprietary and trade secret documents and materials, with any other state, federal, and international regulatory agency, the national association of insurance commissioners and its affiliates and subsidiaries, any third-party consultant designated by the commissioner, and any state, federal, or international law enforcement authority, including members of any supervisory college described in section 26.1-10-06.1;
(1) Specify procedures and protocols regarding the confidentiality and security of information shared with the national association of insurance commissioners and its affiliates and subsidiariesor any third-party consultant designated by the commissioner under this chapter, including procedures and protocols for sharing by the national association of insurance commissioners with any other state, federal, or international regulator;.
(1) Specify procedures and protocols regarding the confidentiality and security of information shared with the national association of insurance commissioners and its affiliates and subsidiariesor any third-party consultant designated by the commissioner under this chapter, including procedures and protocols for sharing by H.
The Page No.
B.
18 25.8125.01000 Sixty-ninth Legislative Assembly written agreement must provide the recipient agrees to maintain the confidentiality and privileged status of the documents, materials, or other information and has verified in writing the legal authority to maintain such confidentiality;
NO.
1124 - PAGE 12 the national association of insurance commissioners with any other state, federal, or international regulator;.
The written agreement must provide the recipient agrees to maintain the confidentiality and privileged status of the documents, materials, or other information and has verified in writing the legal authority to maintain such confidentiality;
(3) Excluding documents, materials, or information reported under subsections 13 and 14 of section 26.1-10-04, prohibit the national association of insurance commissioners or a third-party consultant designated by the commissioner from storing the information shared under this chapter in a permanent database after the underlying analysis is complete;
(3) Excluding documents, materials, or information reported under subsections 13 and of section 26.1-10-04, prohibit the national association of insurance commissioners or a third-party consultant designated by the commissioner from storing the information shared under this chapter in a permanent database after the underlying analysis is complete;
and (4)(5) Require the national association of insurance commissioners and its affiliates and subsidiariesor third-party consultants designated by the commissioner to consent to intervention by an insurer in any judicial or administrative action in which the national association of insurance commissioners and its affiliates and subsidiariesor a third-party consultant designated by the commissioner may be required to disclose confidential information about the insurer shared with the national association of insurance commissioners and its affiliates and subsidiariesor a third-party consultant designated by the commissioner under this chapter.;
and (4)(5) Require the national association of insurance commissioners and its affiliates and subsidiariesor third-party consultants designated by the commissioner to consent to intervention by an insurer in any judicial or administrative action in which the national association of insurance commissioners and its affiliates and subsidiariesor a third-party consultant designated by the commissioner may be required to disclose confidential information about the insurer shared with the national association of insurance commissioners and its affiliates and subsidiariesor a third- party consultant designated by the commissioner under this chapter.;
and Page No.
and (6) Documents, materials, or information reported under subsection 13 and 14 of section 26.1-10-04, in the case of an agreement involving a third-party consultant, provide for notification of the identity of the consultant to the applicable insurer.
19 25.8125.01000 Sixty-ninth Legislative Assembly (6) Documents, materials, or information reported under subsection 13 and 14 of section 26.1-10-04, in the case of an agreement involving a third-party consultant, provide for notification of the identity of the consultant to the applicable insurer.
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1124 - PAGE 13 8.
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20 25.8125.01000 Sixty-ninth Legislative Assembly c.
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21 25.8125.01000
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1124 - PAGE 14 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No.
1124.
House Vote:
Yeas 93 Nays 0 Absent 1 Senate Vote:
Yeas 46 Nays 1 Absent 0 ____________________________ Chief Clerk of the House Received by the Governor at ________M.
on _____________________________________, 2025.
Approved at ________M.
on __________________________________________________, 2025.
____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.
____________________________ Secretary of State
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Action History

  1. Filed with Secretary Of State 03/18

  2. Signed by Governor 03/17

  3. Sent to Governor

  4. Signed by Speaker

  5. Signed by President

  6. Returned to House

  7. Second reading, passed, yeas 46 nays 1

  8. Reported back, do pass, place on calendar 5 0 0

  9. Committee Hearing 09:00

  10. Introduced, first reading, referred Industry and Business Committee

  11. Received from House

  12. Second reading, passed, yeas 93 nays 0

  13. Reported back, do pass, place on calendar 12 0 2

  14. Committee Hearing 09:00

  15. Introduced, first reading, referred Industry, Business and Labor Committee

Sponsors

  • Business and Labor House Industry · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on · 1 voted No

Sponsors (1)

  • House Industry, Business and Labor

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 46 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 1000
Republican 40100
Democratic 5000
Total 46100
% of votes cast 98%2%0%0%
How each member voted (47)
Member Party Vote
van Oosting — Yea
Boschee, Josh Democratic Yea
Braunberger, Ryan Democratic Yea
Hogan, Kathy Democratic Yea
Marcellais, Richard Democratic Yea
Mathern, Tim Democratic Yea
Axtman, Michelle Republican Yea
Barta, Jeff Republican Yea
Beard, Todd Republican Yea
Bekkedahl, Brad Republican Yea
Boehm, Keith Republican Yea
Burckhard, Randy A. Republican Yea
Castaneda, Jose L. Republican Yea
Cleary, Sean Republican Yea
Clemens, David A. Republican Yea
Conley, Cole Republican Yea
Cory, Claire Republican Yea
Davison, Kyle Republican Yea
Dever, Dick Republican Yea
Dwyer, Michael Republican Yea
Enget, Mark Republican Yea
Erbele, Robert Republican Yea
Gerhardt, Justin Republican Yea
Hogue, David Republican Yea
Kessel, Greg Republican Yea
Klein, Jerry Republican Yea
Larson, Diane Republican Yea
Lee, Judy Republican Yea
Lemm, Randy D. Republican Yea
Luick, Larry Republican Yea
Magrum, Jeffery J. Republican Nay
Meyer, Scott Republican Yea
Myrdal, Janne Republican Yea
Patten, Dale Republican Yea
Paulson, Bob Republican Yea
Powers, Michelle Republican Yea
Roers, Kristin Republican Yea
Rummel, Dean Republican Yea
Schaible, Donald Republican Yea
Sickler, Jonathan Republican Yea
Sorvaag, Ronald Republican Yea
Thomas, Paul J. Republican Yea
Walen, Chuck Republican Yea
Wanzek, Terry M. Republican Yea
Weber, Mark F. Republican Yea
Weston, Kent Republican Yea
Wobbema, Mike Republican Yea

Official roll call →

Final Passage

Passed 93 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 82000
Democratic 11000
Unaffiliated 0001
Total 93001
% of votes cast 99%0%0%1%
How each member voted (94)
Member Party Vote
Olson — Not Voting
Brown, Collette Democratic Yea
Conmy, Liz Democratic Yea
Davis, Jayme Democratic Yea
Dobervich, Gretchen Democratic Yea
Finley-DeVille, Lisa Democratic Yea
Foss, Austin Democratic Yea
Hager, LaurieBeth Democratic Yea
Hanson, Karla Rose Democratic Yea
Ista, Zachary Democratic Yea
Mitskog, Alisa Democratic Yea
Schneider, Mary Democratic Yea
Anderson, Bert Republican Yea
Anderson, Dick Republican Yea
Anderson, Karen A. Republican Yea
Bahl, Landon Republican Yea
Beltz, Mike Republican Yea
Berg, Mike Republican Yea
Bolinske, Macy Republican Yea
Bosch, Glenn Republican Yea
Brandenburg, Mike Republican Yea
Christianson, Nels Republican Yea
Christy, Josh Republican Yea
Dockter, Jason Republican Yea
Dressler, Ty Republican Yea
Fegley, Clayton Republican Yea
Fisher, Jay Republican Yea
Frelich, Kathy Republican Yea
Grindberg, Karen Republican Yea
Grueneich, Jim Republican Yea
Hagert, Jared C. Republican Yea
Hatlestad, Patrick R. Republican Yea
Hauck, Dori Republican Yea
Headland, Craig Republican Yea
Heilman, Matthew Republican Yea
Heinert, Pat D. Republican Yea
Henderson, Donna Republican Yea
Hendrix, Jared Republican Yea
Holle, Dawson Republican Yea
Hoverson, Jeff Republican Yea
Johnson, Jorin Republican Yea
Johnston, Daniel Republican Yea
Jonas, Jim Republican Yea
Karls, Karen Republican Yea
Kasper, Jim Republican Yea
Kempenich, Keith Republican Yea
Kiefert, Dwight Republican Yea
Klemin, Lawrence R. Republican Yea
Koppelman, Ben Republican Yea
Lefor, Mike Republican Yea
Longmuir, Donald W. Republican Yea
Louser, Scott Republican Yea
Maki, Roger A. Republican Yea
Marschall, Andrew Republican Yea
Martinson, Bob Republican Yea
McLeod, Carrie Republican Yea
Meier, Lisa Republican Yea
Monson, David Republican Yea
Morton, Desiree Republican Yea
Motschenbacher, Mike Republican Yea
Murphy, Eric J. Republican Yea
Nathe, Mike Republican Yea
Nehring, Dennis Republican Yea
Nelson, Jon O. Republican Yea
Novak, Anna S. Republican Yea
O'Brien, Emily Republican Yea
Olson, Jeremy Republican Yea
Osowski, Doug Republican Yea
Ostlie, Mitch Republican Yea
Porter, Todd Republican Yea
Pyle, Brandy L. Republican Yea
Richter, David Republican Yea
Rios, Nico Republican Yea
Rohr, Karen M. Republican Yea
Ruby, Dan Republican Yea
Ruby, Matthew Republican Yea
Sanford, Mark Republican Yea
Satrom, Bernie Republican Yea
Schatz, Mike Republican Yea
Schauer, Austen Republican Yea
Schreiber-Beck, Cynthia Republican Yea
Steiner, Vicky Republican Yea
Stemen, Gregory Republican Yea
Swiontek, Steve Republican Yea
Toman, Nathan Republican Yea
Tveit, Bill Republican Yea
VanWinkle, Lori Republican Yea
Vetter, Steve Republican Yea
Vigesaa, Don Republican Yea
Vollmer, Daniel R. Republican Yea
Wagner, Scott Republican Yea
Warrey, Jonathan Republican Yea
Weisz, Robin Republican Yea
Wolff, Christina Republican Yea

Official roll call →

Subjects

finance health-insurance
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Frequently asked questions

What does HB 1124 do?
AN ACT to amend and reenact sections 26.1-10-01, 26.1-10-04, 26.1-10-05, and 26.1-10-07 of the North Dakota Century Code, relating to the standards and management of an insurer with an insurance holding company system and the confidential treatment of investigation and examination records of insurance holding companies.
Who sponsors HB 1124?
HB 1124 is sponsored by House Industry, Business and Labor.
What is the current status of HB 1124?
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Where can I track HB 1124?
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