North Dakota 69th Legislative Assembly (2025-26) Status: Enacted

SB 2029 — AN ACT to create and enact a new subsection to section 30.1-28-07 and chapter 54-68 of the North Dakota Century Code, relating to an office of guardianship and conservatorship and the removal of a guardian; to amend and reenact section 30.1-29-15 and subsection 1 of section 50-24.1-07 of the North Dakota Century Code, relating to the removal of a conservator and the recovery of medical assistance expenses; to repeal chapter 27-27 and section 54-68-02.1 of the North Dakota Century Code, relating to the task force on guardianship monitoring and transition requirements; to provide a penalty; to provide for a report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide an effective date.

Last action — Filed with Secretary Of State 05/02

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  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 May 02, 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 4 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

Relating to an office of guardianship and conservatorship and the removal of a guardian; to amend and reenact section 30.1‑29‑15 and subsection 1 of section 50‑24.1‑07 of the North Dakota Century Code, relating to the removal of a conservator and the recovery of medical assistance expenses; to repeal chapter 27‑27 and section 54‑68‑02.1 of the North Dakota Century Code, relating to the task force on guardianship monitoring and transition requirements; to provide a penalty; to provide for a report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide an effective date.

Bill Text

What changed in the latest version

436 added · 348 removed

Plain-language change summary

The recent updates to Senate Bill 2029 include the establishment of a registry for guardians who have been removed by the court for good reasons. Being listed on this registry disqualifies the guardian from taking on new cases, ensuring that only suitable individuals are appointed to these important roles. This change is significant as it aims to improve oversight and accountability in guardianship and conservatorship, protecting vulnerable individuals from potential abuse. Additionally, the bill repeals an outdated task force related to guardianship monitoring, streamlining the process and focusing resources where they are most needed.

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25.0224.03000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED SENATE BILL NO.
Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 SENATE BILL NO.
2029 Introduced by Legislative Management (Government Finance Committee) A BILL for an Act to create and enact chapter 27-27.1 and a new subsection to section 30.1-28-07 of the North Dakota Century Code, relating to an office of guardianship and conservatorship and the removal of a guardian;
2029 (Legislative Management) (Government Finance Committee) AN ACT to create and enact a new subsection to section 30.1-28-07 and chapter 54-68 of the North Dakota Century Code, relating to an office of guardianship and conservatorship and the removal of a guardian;
to repeal chapter 27-27 of the North Dakota Century Code, relating to the task force on guardianship monitoring;
to repeal chapter 27-27 and section 54-68-02.1 of the North Dakota Century Code, relating to the task force on guardianship monitoring and transition requirements;
and to provide a continuing appropriation.
to provide a continuing appropriation;
to provide for a transfer;
and to provide an effective date.
Chapter 27-27.1 of the North Dakota Century Code is created and enacted as follows:
A new subsection to section 30.1-28-07 of the North Dakota Century Code is created and enacted as follows:
27-27.1-01.
The court may order a guardian to be listed on a registry if the court removed the guardian for good cause.
A guardian listed on the registry is disqualified from acting as a guardian in any guardianship proceeding.
The court shall send a copy of the order to the state court administrator, who shall maintain and administer the registry.
This subsection does not apply to a licensed guardian.
For purposes of this subsection, a licensed guardian includes a guardian whose license has been suspended but excludes a guardian whose license is revoked.
SECTION 2.
AMENDMENT.
Section 30.1-29-15 of the North Dakota Century Code is amended and reenacted as follows:
30.1-29-15.
(5-415) Death, resignation, or removal of conservator.
1.
The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator.
After a conservator's death, resignation, or removal, the court may appoint another conservator.
A conservator so appointed succeeds to the title and powers of the predecessor.
2.
The court may order a conservator to be listed on a registry if the court removed the conservator for good cause.
A conservator listed on the registry is disqualified from acting as a conservator in any conservatorship proceeding.
The court shall send a copy of the order to the state court administrator, who shall maintain and administer the registry.
This subsection does not apply to a licensed conservator.
For purposes of this subsection, a licensed conservator includes a conservator whose license has been suspended but excludes a conservator whose license is revoked.
SECTION 3.
AMENDMENT.
Subsection 1 of section 50-24.1-07 of the North Dakota Century Code is amended and reenacted as follows:
1.
On the death of any recipient of medical assistance who was a resident of a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution and with respect to whom the department determined that resident reasonably was not expected to be discharged from the medical institution and to return home, or who was fifty-five years of age or older when the recipient received the assistance, and on the death of the spouse of the deceased recipient, the total amount of medical assistance paid on behalf of the recipient following the institutionalization of the recipient who cannot reasonably be S.
B.
NO.
2029 - PAGE 2 expected to be discharged from the medical institution, or following the recipient's fifty-fifth birthday, as the case may be, must be allowed as a preferred claim against the decedent's estate after payment, in the following order, of:
a.
Recipient liability expense applicable to the month of death for nursing home or basic care services;
b.
Funeral expenses not in excess of three thousand five hundred dollars;
c.
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Expenses of the last illness, other than those incurred by medical assistance;
d.
Expenses of administering the estate, including attorney's fees approved by the court;
e.
Claims made under chapter 50-01;
f.
Claims made under chapter 50-24.5;
g.
Claims made under chapter 50-06.3 and on behalf of the state hospital;
and h.
Claims made under chapter 54-68;
and i.
Claims made under subsection 4.
SECTION 4.
Chapter 54-68 of the North Dakota Century Code is created and enacted as follows:
54-68-01.
"Board" means the guardianship and conservatorship review board.
"Identifiable information" means an individual's personal details, including the individual's name, address, telephone number, facsimile number, social security number, electronic mail address, program identification number, employer identification number, or any other unique identifying number, characteristic, or code and any demographic information collected about the individual.
"Identifiable information" means an individual's personal details, including the individual's name, address, telephone number, facsimile number, social security number, electronic mail address, program identification number, or any other unique Page No.
1 25.0224.03000 Sixty-ninth Legislative Assembly identifying number, characteristic, or code, and any demographic information collected about the individual.
4.
5.
4.
6.
5.
7.
6.
7.
"Operations committee" means the guardianship and conservatorship operations committee established under section 54-68-03.
11.
S.
"Unlicensed conservator" means a person providing conservatorship services without a conservator license.
B.
NO.
2029 - PAGE 3 11.
"Review board" means the guardianship and conservatorship review board established under section 54-68-05.
"Unlicensed conservator" means a person providing conservatorship services without a conservator license.
13.
27-27.1-02.
54-68-02.
The office of guardianship and conservatorship is created as a division under the supreme court to administer the programs assigned by state law or the supreme court.
The office of guardianship and conservatorship is established, consisting of the operations committee, office staff, and review board.
The office, in its capacity of supervising and directing guardianship and conservatorship, shall operate independently of any state agency that provides services to individuals under guardianship or conservatorship.
The office shall administer programs assigned by state law.
The office may adopt rules to administer and enforce this chapter.
3.
Develop policies and procedures, including eligibility criteria, for:
Develop policies and procedures, including eligibility criteria for:
and Page No.
and (2) An unlicensed guardian or an unlicensed conservator.
2 25.0224.03000 Sixty-ninth Legislative Assembly (2) An unlicensed guardian or an unlicensed conservator.
Develop policies and procedures for proceedings when a guardian or a conservator is unable to fulfill the duties of a guardian or a conservator.
Monitor guardianship and conservatorship services.
Keep accurate records of all financial transactions performed under this chapter in the manner required by the office of management and budget.
Develop policies and procedures for proceedings if a guardian or a conservator is unable to fulfill the duties of a guardian or a conservator.
Keep accurate records of all financial transactions performed under this chapter in the manner required by the office of management and budget.
f.
3.
4.
d.
S.
B.
NO.
2029 - PAGE 4 d.
Monitor guardianship and conservatorship services.
Provide annual reports to the governor.
Provide annual reports to the supreme court.
h.
i.
h.
j.
i.
k.
j.
Page No.
3 25.0224.03000 Sixty-ninth Legislative Assembly 4.
The office may not authorize payment for services for any public guardian or public conservator that provides services for more individuals than allowed through statute, regulation, court rule, or policy adopted by the office.
The office, its officers, or its employees, may not act as a public guardian or a public conservator or act in any other representative capacity for any individual.
The office may not authorize payment for services for any public guardian or public conservator that provides services for more individuals than allowed through statute, regulation, or administrative rule.
This subsection does not prohibit an officer or employee from acting as a guardian or conservator in a personal capacity apart from any duties as an officer or employee.
The office, its officers, or its employees may not act as a public guardian or a public conservator or act in any other representative capacity for any individual.
This subsection does not prohibit an officer or employee from acting as a guardian or conservator in a personal capacity apart from any duties as an officer or employee.
7.
27-27.1-03.
8.
Guardianship and conservatorship support fund - Continuing appropriation.
The director of the office of management and budget shall allocate office space in the state capitol for the office of guardianship and conservatorship, or, if office space in the capitol is unavailable, shall negotiate for, contract for, and obtain office space for the office in the city of Bismarck or in the Bismarck area.
There is created in the state treasury the guardianship and conservatorship support fund.
The office of guardianship and conservatorship's office space may not be located in the office space of the department of health and human services or the judicial branch and must provide sufficient privacy and security for the office to conduct its business.
The fund consists of all moneys transferred to the fund by the legislative assembly, interest upon moneys in the fund, fee collections, donations, grants, and other contributions received for deposit in the fund.
The director of the office of management and budget shall charge the office of guardianship and conservatorship an amount equal to the fair value of the office space and related services the office of management and budget renders to the office of guardianship and conservatorship.
All moneys in the fund are appropriated on a continuing basis to the judicial branch to defray the expenses of the office for supporting guardianship and conservatorship services, including guardianship and conservatorship training and monitoring.
54-68-02.1.
27-27.1-04.
Transition - Requirements.
Records - Confidentiality - Disclosure - Penalty.
Identifiable information concerning an individual who is applying for or receiving public services under this chapter is confidential and may be disclosed only:
By August 1, 2025, each appointing authority shall make the initial appointments to the operations committee in accordance with section 54-68-03.
2.
By August 31, 2025, the operations committee shall appoint an executive director and investigation counsel.
3.
By January 1, 2026, each appointing authority shall make the initial appointments to the review board in accordance with section 54-68-05.
4.
By March 31, 2026, the office shall:
In the administration of any program under the supervision or administration of the office.
Develop by rule initial policies, procedures, and eligibility criteria for:
(1) Receiving public services;
S.
B.
NO.
2029 - PAGE 5 (2) A public guardian or a public conservator;
(3) A licensed guardian or a licensed conservator;
and (4) Distribution of funding for direct payments and expense reimbursements for public services.
When authorized by a policy or procedure of the office.
Develop by rule ethical standards for:
(1) A licensed guardian or a licensed conservator;
and (2) An unlicensed guardian or an unlicensed conservator.
When allowed or required by rule or law.
Develop by rule policies and procedures for proceedings if a guardian or a conservator is unable to fulfill the duties of a guardian or a conservator.
d.
Set by rule daily rates for fees and a reimbursement mechanism protocol.
e.
Establish initial fees to support guardianship and conservatorship services and the duties of the office.
5.
The office may adopt rules necessary to facilitate the creation of the office and assume the administration of guardianship programs.
54-68-03.
Operations committee.
1.
A guardianship and conservatorship operations committee is created to oversee the operation of the office.
The operations committee shall:
a.
Appoint an office director and investigation counsel who serve at the will of the operations committee.
b.
Oversee and provide consent to the office for the adoption of administrative rules.
c.
Oversee the administration of programs and personnel under the office.
d.
Provide input and approval of the office budget.
A report concerning an applicant, provider, or recipient of public services is confidential if the report is made in good faith and may be disclosed only to:
The operations committee shall consist of:
Authorized staff and agents of the office, who may further disclose the information to a person that has a definite interest in the well-being of the individual concerned, is in a position to serve the individual's interests, and that needs to know the contents of the records to assure the well-being and interests of the individual concerned.
Two members of the legislative assembly, one from each chamber, appointed by the chairman of the legislative management;
Page No.
b.
4 25.0224.03000 Sixty-ninth Legislative Assembly b.
Two members appointed by the chief justice of the supreme court;
An individual who is the subject of the report, if the identity of the person reporting or supplying information under this chapter is protected until the information is needed for use in an administrative, legal, or disciplinary proceeding arising out of the report.
A public official and the public official's authorized agent who requires the information in connection with the discharge of official duties.
Two members appointed by the governor;
and d.
One member appointed by the state bar association of North Dakota.
3.
Initially, members of the operations committee shall serve staggered terms as follows:
a.
Two members shall serve a term of one year;
b.
Two members shall serve a term of two years;
and c.
Three members shall serve a term of three years.
4.
After the expiration of initial terms, all appointments must be for a term of three years.
A member may not serve more than two consecutive terms of three years.
S.
B.
NO.
2029 - PAGE 6 5.
A member of the operations committee serves at the will of the appointing authority, and may be removed for good cause.
A vacancy must be filled in the same manner as the original appointment for the unexpired portion of the term.
6.
A member of the operations committee is entitled to:
a.
Per diem compensation in accordance with section 54-35-10;
and b.
Payment for mileage and travel expenses incurred in the conduct of committee business as provided under sections 44-08-04 and 54-06-09.
54-68-04.
Director - Investigation counsel - Powers and duties.
1.
The powers and duties of the director of the office of guardianship and conservatorship include:
a.
Within the limits of legislative appropriations, to employ the necessary staff to provide services in accordance with this chapter.
b.
To contract with guardians to administer services.
c.
To grant guardian and conservator licenses.
A court when the court determines the information is necessary for the determination of an issue before the court.
To develop, maintain, and revise a comprehensive master plan for guardianship and conservatorship in this state, including the needs and resources.
The investigation counsel.
To recommend rules to the operations committee regarding the administration of the office.
f.
To develop and submit budgets for the office.
g.
To present an annual report to the operations committee on the status of the office.
2.
The powers and duties of the investigation counsel of the office of guardianship and conservatorship include:
a.
To oversee the complaint process.
b.
To recommend rules to the operations committee regarding operation of the complaint and appeals process.
c.
To investigate noncompliance under this chapter reported after April 1, 2026, by conducting interviews, accessing records, issuing subpoenas, and ordering depositions.
d.
To issue formal disciplinary complaints.
e.
To attend disciplinary hearings.
54-68-05.
Review board.
1.
A guardianship and conservatorship review board is created to conduct disciplinary proceedings and issue sanctions for a guardian or conservator.
The guardianship and conservatorship review board shall consist of:
a.
One member representing guardians, appointed by the guardianship association of North Dakota;
b.
One member representing family guardians, appointed by the chief justice of the supreme court;
S.
B.
NO.
2029 - PAGE 7 c.
One member representing the protection and advocacy project, appointed by the committee on protection and advocacy;
d.
Two members appointed by the state bar association of North Dakota, consisting of:
(1) One lawyer licensed to practice law in the state who is not an active judge or employee of a judge;
and (2) One retired judge, judicial referee, or surrogate judge;
and e.
Two members of the public, appointed by the governor.
2.
Initially, members of the review board shall serve staggered terms as follows:
a.
Two members shall serve a term of one year;
b.
Two members shall serve a term of two years;
and c.
Three members shall serve a term of three years.
The investigation counsel may disclose information uncovered during a disciplinary investigation to the attorney general or bureau of criminal investigation related to a criminal investigation when the investigation counsel suspects the subject of the investigation has committed a crime.
After the expiration of initial terms, all appointments must be for a term of three years.
A member may not serve more than two consecutive terms of three years.
A member of the review board serves at the will of the appointing authority, and may be removed for good cause.
A vacancy must be filled in the same manner as the original appointment for the unexpired portion of the term.
5.
A member of the review board may not receive compensation for their service but is entitled to payment for mileage and travel expenses incurred in the conduct of committee business as provided under sections 44-08-04 and 54-06-09.
6.
Office staff, under the oversight of the operations committee, shall develop by rule complaint protocols, hearing procedures, ethics rules, disciplinary measures, and sanctions.
Office staff, under the oversight of the operations committee, may develop other rules necessary for the review board.
7.
Review board meetings are closed meetings under chapter 44-04.
54-68-06.
Guardianship and conservatorship support fund - Continuing appropriation.
There is created in the state treasury the guardianship and conservatorship support fund.
The fund consists of all moneys transferred to the fund by the legislative assembly, interest upon moneys in the fund, fee collections, donations, grants, and other contributions received for deposit in the fund.
All moneys in the fund are appropriated on a continuing basis to the office to defray the expenses of supporting guardianship and conservatorship services, including guardianship and conservatorship training and monitoring.
54-68-07.
Records - Confidentiality - Disclosure - Penalty.
1.
For purposes of this chapter, confidential records as defined under section 44-04-17.1 include:
a.
Identifiable information that may reasonably be used to identify a guardian, conservator, complainant, or an individual applying for or receiving services;
and b.
A report concerning an applicant, provider, or recipient of public services.
2.
Confidential information may be disclosed only:
a.
In the administration of a program under the supervision or administration of the office;
or S.
B.
NO.
2029 - PAGE 8 b.
When authorized or required by administrative rule, court rule, or law.
3.
The office may disclose information uncovered during a disciplinary investigation to the attorney general or bureau of criminal investigation related to a criminal investigation when the investigation counsel suspects the subject of the investigation has committed a crime.
4.
27-27.1-05.
54-68-08.
This subsection does not apply to an individual appointed as a guardian or conservator for a family member.
An individual appointed as a guardian or conservator for a family member.
Human service zones, including human service zone directors or human service zone team members, as defined in section 50-01.1-01.
Page No.
54-68-09.
5 25.0224.03000 Sixty-ninth Legislative Assembly 27-27.1-06.
A person who in good faith provides information or testimony regarding a guardian's or conservator's misconduct or lack of professionalism is not subject to civil liability.
27-27.1-07.
Jurisdiction - Waiver of court costs - Applicability.
The supreme court has original jurisdiction to revoke or suspend a guardian or a conservator license.
A person who in good faith provides information or testimony regarding a guardian's or conservator's misconduct or lack of professionalism is not subject to civil liability.
The supreme court must establish a process to appeal license denials and board orders.
An employee of the office, a member of the review board, or an agent of the review board acting in good faith is not subject to civil liability.
3.
54-68-10.
The courts shall waive court costs and filing fees in any proceeding in which a person is receiving public services under this chapter.
Authority - Appeals - Applicability.
4.
A guardian or conservator subject to the jurisdiction of a court of this state shall follow the applicable policies, procedures, and standards of the office, or other approval authority authorized by court rule, if the guardian or the conservator serves an adult ward, adult protected person, or incapacitated person, as defined in title 30.1.
27-27.1-08.
Guardianship and conservatorship review board - Guardianship and conservatorship counsel - Guardianship and conservatorship operations committee.
The supreme court may establish a guardianship and conservatorship review board to conduct disciplinary proceedings for a guardian or conservator.
The office may revoke or suspend a guardian or a conservator license.
The supreme court may establish a guardianship and conservatorship counsel to investigate noncompliance reported under this chapter.
Upon receipt of any report or complaint, the office shall assess the need for an investigation of the report or complaint.
The director of the office is the hiring authority for the investigation counsel.
For the purpose of investigating a report or complaint:
3.
The supreme court must create a guardianship and conservatorship operations committee to supervise the operations of the office and investigation counsel.
The operations committee:
Must develop and submit budgets for the office, board, and investigation counsel.
The office or operations committee shall:
(1) Establish confidentiality and disclosure standards for investigating a report or complaint and subsequent disciplinary proceedings.
(2) Adopt rules to effectuate the powers and duties under this chapter.
Is the hiring authority for the office director.
Office staff may:
c.
(1) Interview an alleged victim, witness, or any other individual with knowledge of the situation.
May adopt policies recommended by the office.
S.
27-27.1-09.
B.
Supreme court - Discretionary powers.
NO.
The supreme court may:
2029 - PAGE 9 (2) Access any record or information on an applicant, provider, or recipient of public services.
1.
(3) Issue subpoenas for the attendance of witnesses and the production of designated documents, electronically stored information, or tangible things in accordance with the North Dakota Rules of Civil Procedure.
Grant immunity to a member of the board and the board's agents if a district court or the supreme court would have immunity in performing the same functions.
(4) Order the deposition of a person residing within or outside the state to be taken in accordance with the North Dakota Rules of Civil Procedure.
Page No.
(5) Coordinate with other agencies and departments, including the attorney general and bureau of criminal investigation.
6 25.0224.03000 Sixty-ninth Legislative Assembly 2.
Establish confidentiality and disclosure standards for disciplinary proceedings.
Authorize officials, officers, agents, and designees of the office, the board, and the investigation counsel to:
Appeals under this chapter must be conducted in accordance with chapter 28-32.
a.
Administer oaths.
b.
Order and otherwise provide for the inspection of books and records.
c.
Issue subpoenas for the attendance of witnesses and the production of designated documents, electronically stored information, or tangible things in accordance with the North Dakota Rules of Civil Procedure.
d.
Order the deposition of a person residing within or outside the state to be taken in accordance with the North Dakota Rules of Civil Procedure.
Adopt rules to effectuate the powers and duties under this chapter.
A guardian or conservator subject to the jurisdiction of a court of this state shall follow the rules of the office if the guardian or the conservator serves an adult ward, adult protected person, or incapacitated person, as defined in title 30.1.
27-27.1-10.
54-68-11.
The attorney general shall act as legal counsel in any particular investigation or proceeding under section 54-12-02.
The attorney general may act as legal counsel in any particular investigation or proceeding under section 54-12-02.
The attorney general shall appear and defend any officer or employee of the office and any member of the board in any action founded on an act or omission arising out of performance of an official duty consistent with section 54-12-01.3.
The attorney general shall appear and defend any officer or employee of the office and any member of the review board in any action founded on an act or omission arising out of performance of an official duty.
27-27.1-11.
54-68-12.
A state and local governmental entity and its officers and employees, and the officials, officers, and employees of the courts of this state shall disclose records and information requested by the board or investigation counsel or any authorized representative of the board or investigation counsel and shall cooperate with and give reasonable assistance to the board or investigation counsel and any authorized representative of the board or counsel unless prohibited by federal regulation or law.
A state or local governmental entity and its officers and employees, and the officials, officers, and employees of the courts of this state shall disclose records and information requested by the review board or investigation counsel or any authorized representative of the review board or investigation counsel and shall cooperate with and give reasonable assistance to the review board or investigation counsel and any authorized representative of the review board or counsel unless prohibited by federal regulation or law.
A sheriff or police officer shall serve process and execute all lawful orders upon request of the office, its authorized representative, the review board, or the investigation counsel.
A sheriff or police officer shall serve Page No.
54-68-13.
7 25.0224.03000 Sixty-ninth Legislative Assembly process and execute all lawful orders upon request of the office, its authorized representative, the board, or the investigation counsel.
27-27.1-12.
If an individual refuses to attend, testify, or produce any writings or things required by subpoena, the office, board, or investigation counsel that issued the subpoena may petition the district court of the district in which the attendance or production is required for an order compelling the individual to attend and testify or produce the writings or things required by the subpoena.
If an individual refuses to attend, testify, or produce any writings or things required by subpoena, the office, review board, or investigation counsel that issued the subpoena may petition the district court of the district in which the attendance or production is required for an order compelling the individual to attend and testify or produce the writings or things required by the subpoena.
3.
S.
B.
NO.
2029 - PAGE 10 3.
27-27.1-13.
54-68-14.
SECTION 2.
54-68-15.
A new subsection to section 30.1-28-07 of the North Dakota Century Code is created and enacted as follows:
Supreme court power.
The court may order a guardian to be listed on a registry if the court removed the guardian for good cause.
A court of this state may refer cases to the office.
A guardian listed on the registry is disqualified from acting as a guardian in any guardianship proceeding.
The court may adopt court rules as necessary to facilitate case management with the district courts, the office, and the review board.
The court shall send a copy of the order to Page No.
8 25.0224.03000 Sixty-ninth Legislative Assembly the state court administrator, who shall maintain and administer the registry.
This subsection does not apply to a licensed guardian.
For purposes of this subsection, a licensed guardian includes a guardian whose license has been suspended but excludes a guardian whose license is revoked.
SECTION 3.
AMENDMENT.
Section 30.1-29-15 of the North Dakota Century Code is amended and reenacted as follows:
30.1-29-15.
(5-415) Death, resignation, or removal of conservator.
1.
The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator.
After a conservator's death, resignation, or removal, the court may appoint another conservator.
A conservator so appointed succeeds to the title and powers of the predecessor.
2.
The court may order a conservator to be listed on a registry if the court removed the conservator for good cause.
A conservator listed on the registry is disqualified from acting as a conservator in any conservatorship proceeding.
The court shall send a copy of the order to the state court administrator, who shall maintain and administer the registry.
This subsection does not apply to a licensed conservator.
For purposes of this subsection, a licensed conservator includes a conservator whose license has been suspended but excludes a conservator whose license is revoked.
SECTION 4.
AMENDMENT.
Subsection 1 of section 50-24.1-07 of the North Dakota Century Code is amended and reenacted as follows:
1.
On the death of any recipient of medical assistance who was a resident of a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution and with respect to whom the department determined that resident reasonably was not expected to be discharged from the medical institution and to return home, or who was fifty-five years of age or older when the recipient received the assistance, and on the death of the spouse of the deceased recipient, the total amount of medical assistance paid on behalf of the recipient following the institutionalization of the recipient who cannot reasonably be expected to be discharged from the medical institution, or following the recipient's fifty-fifth birthday, as the case may be, must be allowed as a preferred claim against the decedent's estate after payment, in the following order, of:
Page No.
9 25.0224.03000 Sixty-ninth Legislative Assembly a.
Recipient liability expense applicable to the month of death for nursing home or basic care services;
b.
Funeral expenses not in excess of three thousand five hundred dollars;
c.
Expenses of the last illness, other than those incurred by medical assistance;
d.
Expenses of administering the estate, including attorney's fees approved by the court;
e.
Claims made under chapter 50-01;
f.
Claims made under chapter 50-24.5;
g.
Claims made under chapter 50-06.3 and on behalf of the state hospital;
and h.
Claims made under chapter 27-27.1;
and i.
Claims made under subsection 4.
APPROPRIATION - JUDICIAL BRANCH - OFFICE OF GUARDIANSHIP AND CONSERVATORSHIP.
REPEAL.
The funds provided in this section, or so much of the funds as may be necessary, are appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, to the judicial branch for the purpose of defraying the expenses of the office of guardianship and conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:
Section 54-68-02.1 of the North Dakota Century Code, as created in Section 4 of this Act, is repealed.
Establishment costs - indigents $1,550,000 Establishment costs - developmentally disabled 1,296,400 Public guardian and conservator fees - indigents 8,638,020 Guardianship contracts - developmentally disabled 6,835,136 Total general fund $18,319,556 SECTION 7.
SECTION 7.
APPROPRIATION - ATTORNEY GENERAL - FULL-TIME EQUIVALENT POSITION AUTHORIZATION - ONE-TIME FUNDING.
APPROPRIATION - OFFICE OF GUARDIANSHIP AND CONSERVATORSHIP - FULL-TIME EQUIVALENT POSITION AUTHORIZATION.
The funds provided in this section, or so much of the funds as may be necessary, are appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, to the office of guardianship and conservatorship for the purpose of defraying the expenses of the office of guardianship and conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:
Office of guardianship and conservatorship $1,200,000 Total general fund $1,200,000 Full-time equivalent positions 4.00 SECTION 8.
TRANSFER.
The office of management and budget shall transfer the full-time equivalent attorney position authorized for the office of guardianship and conservatorship line item in Senate Bill No.
2002 to the office of guardianship and conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027.
The remaining full-time equivalent positions authorized for the office of guardianship and conservatorship line item in Senate Bill No.
2002 shall transfer as caseload permits but no later than April 1, 2026.
SECTION 9.
TRANSFER.
The office of management and budget shall transfer any unspent appropriation authority authorized for the office of guardianship and conservatorship line item in Senate Bill No.
2002 to the office of guardianship and conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027.
SECTION 10.
TRANSFER.
The office of management and budget shall transfer any unspent appropriation authority for guardianship related services and grants from the department of health and human services in House Bill No.
1012 to the office of guardianship and conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027.
SECTION 11.
TRANSFER.
The office of management and budget shall transfer any unspent appropriation authority from the guardianship grants line item in Section 1 of House Bill No.
1015 to the office of guardianship and conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027.
S.
B.
NO.
2029 - PAGE 11 SECTION 12.
ATTORNEY GENERAL - EMERGENCY COMMISSION REQUEST.
During the 2025-26 interim, the attorney general may submit a request to the emergency commission in accordance with chapter 54-16 to request authorization and related funding for one full-time equivalent position for the bureau of criminal investigation related to guardianship and conservatorship case investigations.
Prior to submitting a request, the office of guardianship and conservatorship must be operational and the attorney general must identify an increase in workload related to guardianship and conservatorship case investigations which necessitates the addition of one full-time equivalent position.
SECTION 13.
EFFECTIVE DATE.
The funds provided in this section, or so much of the funds as may be necessary, are appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, to the attorney general for the purpose of defraying the expenses of full-time equivalent positions, for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:
Sections 54-68-08, 54-68-10, and 54-68-11, as created in Section 4 of this Act, become effective on April 1, 2026.
Page No.
2.
10 25.0224.03000 Sixty-ninth Legislative Assembly Salaries and wages $1,304,676 Operating expenses 365,700 Capital assets 256,400 Total general fund $1,926,776 Full-time equivalent positions 5.00 2.
Sections 6, 9, 10 and 11 of this Act become effective on April 1, 2026.
The following amounts reflect the 2025-27 biennium one-time funding items included in the appropriation under subsection 1, which are not part of the entity's base budget for the 2027-29 biennium:
S.
One-Time Funding Description General Fund Other Funds Total Operating expenses - small equipment $79,140 $0 $79,140 Capital assets - cars and radios 256,400 0 256,400 Grand total $335,540 $0 $335,540 Page No.
B.
11 25.0224.03000
NO.
2029 - PAGE 12 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.
2029.
Senate Vote:
Yeas 40 Nays 5 Absent 2 House Vote:
Yeas 91 Nays 0 Absent 3 ____________________________ Secretary of the Senate 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 05/02

  2. Signed by Governor 05/02

  3. Sent to Governor

  4. Signed by President

  5. Signed by Speaker

  6. Second reading, passed as amended, yeas 91 nays 0

  7. Conference committee report adopted

  8. Reported back from conference committee, in place of, placed on calendar

  9. Second reading, passed, yeas 40 nays 5

  10. Conference committee report adopted

  11. Reported back from conference committee, in place of, placed on calendar

  12. Conference committee appointed Frelich Hendrix Hanson

  13. Conference committee appointed Paulson Myrdal Braunberger

  14. Refused to concur

  15. Returned to Senate (12)

  16. Second reading, passed as amended, yeas 92 nays 1

  17. Amendment adopted, placed on calendar

  18. Reported back amended, do pass, amendment placed on calendar 22 0 1

  19. Rereferred to Appropriations

  20. Amendment adopted

  21. Reported back amended, do pass, amendment placed on calendar 10 2 1

  22. Committee Hearing 02:30

  23. Committee Hearing 09:00

  24. Introduced, first reading, referred Human Services Committee

  25. Received from Senate

  26. Second reading, passed, yeas 24 nays 23

  27. Amendment adopted, placed on calendar

  28. Reported back amended, do pass, amendment placed on calendar 10 6 0

  29. Rereferred to Appropriations

  30. Amendment adopted, placed on calendar

  31. Reported back amended, do pass, amendment placed on calendar 7 0 0

  32. Committee Hearing 08:00

  33. Committee Hearing 03:00

  34. Committee Hearing 11:30

  35. Introduced, first reading, referred Judiciary Committee

Sponsors

  • Legislative Management · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 24 voted No

Sponsors (1)

  • Legislative Management

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

Passed 91 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 81002
Democratic 10001
Total 91003
% of votes cast 97%0%0%3%
How each member voted (94)
Member Party Vote
Brown, Collette Democratic Not Voting
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
Brown, TJ Republican Yea
Christianson, Nels 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 Not Voting
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 Not Voting
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
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 →

Passed 40 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 35502
Democratic 5000
Total 40502
% of votes cast 85%11%0%4%
How each member voted (47)
Member Party Vote
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 Nay
Burckhard, Randy A. Republican Nay
Castaneda, Jose L. Republican Yea
Cleary, Sean Republican Yea
Clemens, David A. Republican Yea
Conley, Cole Republican Nay
Cory, Claire Republican Yea
Davison, Kyle Republican Yea
Dever, Dick Republican Yea
Dwyer, Michael Republican Nay
Enget, Mark Republican Yea
Erbele, Robert Republican Yea
Gerhardt, Justin Republican Yea
Hogue, David Republican Not Voting
Kessel, Greg Republican Yea
Klein, Jerry Republican Yea
Larson, Diane Republican Not Voting
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
van Oosting, Desiree Republican Yea

Official roll call →

Passed 92 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 77101
Unaffiliated 5000
Democratic 10000
Total 92101
% of votes cast 98%1%0%1%
How each member voted (94)
Member Party Vote
Cynthia Schreiber-Beck — Yea
Emily O'Brien — Yea
Jared C. Hagert — Yea
Liz Conmy — Yea
Mike Beltz — Yea
Brown, Collette 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
Berg, Mike Republican Yea
Bolinske, Macy Republican Yea
Bosch, Glenn Republican Yea
Brandenburg, Mike Republican Yea
Brown, TJ Republican Yea
Christianson, Nels 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 Nay
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 Not Voting
Novak, Anna S. Republican Yea
Olson, Jeremy 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
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 →

Passed 24 Yea · 23 Nay
Party YeaNayPresentNot Voting
Republican 241800
Democratic 0500
Total 242300
% of votes cast 51%49%0%0%
How each member voted (47)
Member Party Vote
Boschee, Josh Democratic Nay
Braunberger, Ryan Democratic Nay
Hogan, Kathy Democratic Nay
Marcellais, Richard Democratic Nay
Mathern, Tim Democratic Nay
Axtman, Michelle Republican Yea
Barta, Jeff Republican Yea
Beard, Todd Republican Nay
Bekkedahl, Brad Republican Yea
Boehm, Keith Republican Nay
Burckhard, Randy A. Republican Nay
Castaneda, Jose L. Republican Yea
Cleary, Sean Republican Nay
Clemens, David A. Republican Yea
Conley, Cole Republican Nay
Cory, Claire Republican Nay
Davison, Kyle Republican Yea
Dever, Dick Republican Nay
Dwyer, Michael Republican Nay
Enget, Mark Republican Nay
Erbele, Robert Republican Nay
Gerhardt, Justin Republican Nay
Hogue, David Republican Nay
Kessel, Greg Republican Yea
Klein, Jerry Republican Nay
Larson, Diane Republican Yea
Lee, Judy Republican Nay
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 Nay
Wanzek, Terry M. Republican Nay
Weber, Mark F. Republican Nay
Weston, Kent Republican Yea
Wobbema, Mike Republican Yea
van Oosting, Desiree Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 2029 do?
Relating to an office of guardianship and conservatorship and the removal of a guardian; to amend and reenact section 30.1‑29‑15 and subsection 1 of section 50‑24.1‑07 of the North Dakota Century Code, relating to the removal of a conservator and the recovery of medical assistance expenses; to repeal chapter 27‑27 and section 54‑68‑02.1 of the North Dakota Century Code, relating to the task force on guardianship monitoring and transition requirements; to provide a penalty; to provide for a report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide an effective date.
Who sponsors SB 2029?
SB 2029 is sponsored by Legislative Management.
What is the current status of SB 2029?
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Where can I track SB 2029?
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