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North Dakota bill bans state agencies from signing data center nondisclosure agreements

Original title: A BILL for an Act to create and enact chapter 44-04.1 of the North Dakota Century Code, relating to prohibiting agencies from entering nondisclosure agreements concerning data centers and industrial projects; to provide a penalty; to provide an effective date; and to provide an expiration date.

Last action · September 3, 2026: Second reading, failed to pass, yeas 15 nays 32Sponsors: Tim Mathern and 4 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

North Dakota failed to pass a bill that would have prohibited state agencies and local governments from entering s with data center and industrial project developers. The measure would have voided existing non-disclosure agreements, blocked project approvals for violating developers, and imposed a $1,000 civil penalty on agencies. The legislation was set to expire on June 30, 2027.

Why it matters

The measure would have altered how local and state governments negotiate with large industrial developers by forcing all site, energy demand, water usage, and environmental impact discussions into the public record.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Data center and industrial project developers

Developers must declare under penalty of perjury that they have not signed prohibited nondisclosure agreements and face permit revocation if they violate the rule.

Directly affected

State agencies and political subdivisions

Agencies are prohibited from entering confidentiality agreements regarding industrial projects and face civil penalties up to one thousand dollars for violations.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What documents or information would have been covered by the nondisclosure ban?
The ban covered information about the location, siting, construction, modification, expansion, energy demand and type, water usage, utility interconnection, and community or environmental impacts of data centers and industrial projects.
What penalties did agencies face for violating the nondisclosure ban?
An agency that violated the chapter would have been subject to a civil penalty not to exceed one thousand dollars for each violation, recoverable in an action brought by the attorney general or a state's attorney.

What else do you want to know?

News Coverage

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Where This Stands

This bill did not become law - Failed in the Senate.

Procedural history

5 actions
  1. Sep 3, 2026Senate
    Second reading, failed to pass, yeas 15 nays 32
  2. Sep 3, 2026SenateCommittee
    Amendment adopted, placed on calendar
  3. Sep 2, 2026SenateCommittee
    Reported back amended, do not pass, placed on calendar 6 2 0
  4. Sep 2, 2026HouseCommittee
    Committee Hearing 10:30
  5. Sep 2, 2026SenateIntroduced
    Introduced, first reading, referred Joint Policy Committee

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

North Dakota Century Code, Secretary of State
otherNorth Dakota Century Code“state statutory code being amended”Map →
OrganizationSecretary of State“filing office for the act's effective date”Map →

Sources

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 45)
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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