Gov. Armstrong opposes version of bill banning non-disclosure agreements for people in elected office

At the North Dakota State Capitol in Bismarck, the debate over confidentiality in big development deals is back on the table. Gov. Kelly Armstrong is opposing a version of a transparency bill that would bar elected officials and public agencies from signing non-disclosure agreements (NDAs) with data-center and industrial developers, according to the Governor’s office. The question now is how far lawmakers will go to change how sensitive projects are negotiated while keeping the public in the loop.

Governor Armstrong’s stance on NDA legislation

Armstrong’s office has pushed back on an outright ban, arguing that existing open-records and open-meetings laws already protect the public interest while allowing the state to compete for major employers, according to the Governor’s office and legislative briefings. Those laws require most records to be available on request, with limited exemptions, as outlined by the North Dakota Attorney General’s open government guidance.

Supporters of the Governor’s position say NDAs can be a tool to keep early-stage talks from collapsing when companies consider multiple cities at once, a point often raised in economic development testimony, according to committee materials posted by the North Dakota Legislature. The core tension is familiar at the Capitol: how to balance transparency with the practicalities of landing projects that bring jobs and tax base.

What the bill proposed

The proposal at issue would restrict or prohibit NDAs between public bodies and private developers, particularly in negotiations tied to large industrial and data-center projects, according to bill drafts circulating at the Legislature. The intent, sponsors have said in prior sessions, is to increase public visibility into incentives and land-use decisions before deals are effectively done, based on bill summaries and committee discussions posted to the Legislature’s site.

Lawmakers considered similar language during a recent special session but did not advance it, according to the Legislature’s bill history pages. That earlier effort sought to curb secret terms while still allowing narrowly drawn confidentiality around trade secrets and proprietary financial data—an approach that could reappear as amendments are drafted in committee.

Why it matters to Bismarck residents

For folks here in Bismarck, the rules around NDAs affect how the city, Burleigh County, and state agencies handle first contacts with major employers. A blanket ban could bring more daylight to incentive talks and infrastructure planning that neighbors care about—roads, water, and power—while changing how quickly local officials can respond to competitive site requests, according to economic development briefings and open-government guidance.

Data centers and industrial projects don’t move without coordination across utilities, permitting, and workforce—work that often starts months before a public vote. If you like to follow the details early, stricter limits on NDAs could mean earlier access to documents and proposals. If you’re focused on landing jobs, you may hear concerns from recruiters that North Dakota needs some confidentiality at the front end to stay in the hunt, themes that surface regularly in committee testimony on development bills.

Voices and reactions in the debate

Armstrong has emphasized that North Dakota’s open-records framework already lets residents inspect most government documents, and that lawyers in the Attorney General’s office can weigh in when there’s a dispute, according to the Governor’s office and the Attorney General’s open-records guidance. That stance lines up with arguments you’ll hear from local and state development groups, who warn that eliminating NDAs entirely could chill early conversations.

Transparency advocates counter that the law hasn’t kept pace with the size and complexity of modern incentive deals. Groups that train reporters and citizens on access, including the North Dakota Newspaper Association, have long urged clearer timelines and narrower exemptions so people can see what’s on the table before votes are cast, according to NDNA’s open government resources. Expect lawmakers to be pressed for a middle ground that keeps trade secrets protected but brings core deal terms into public view sooner.

What’s next for the legislation

Committee chairs typically take a couple of weeks to gather testimony, draft amendments, and decide whether to send a bill to the floor with a “do pass” or “do not pass” recommendation. If this measure moves, watch for changes that carve out specific, time-limited confidentiality for bona fide proprietary information while banning broad NDAs that hide incentive amounts or land agreements, based on how similar bills have been amended in past sessions.

Any bill that clears one chamber still has to repeat the process in the other, so there will be multiple chances for residents to weigh in. If the measure stalls, sponsors could bring language back later in the session or during a policy study, a common path for complex topics that straddle transparency and economic development.

What you can do now

• Track the bill: Use the North Dakota Legislature’s bill tracker to follow texts, amendments, committee agendas, and votes. Hearing dates and room assignments are posted there; check ahead for updates.
• Share your view: Contact your district legislators through the Legislature’s member directory. Short, specific messages about what you want disclosed (and when) tend to be most effective.
• Watch locally: Keep an eye on Bismarck City Commission and Burleigh County Commission agendas for items tied to incentives, land sales, or utility extensions that support potential projects. Public comment rules and meeting times are posted online—check ahead.
• Use the tools: If you want to see documents, the Attorney General’s office posts how-to guides for open-records and open-meetings requests, including timelines and appeal steps if your request is denied.

More ways to stay informed

• Read local coverage from the Bismarck Tribune and KFYR-TV’s politics/government pages for meeting recaps and interviews with sponsors and opponents. Outlets regularly post clips of testimony during busy weeks—helpful if you can’t get to the Capitol.
• Follow economic development updates from groups like the Bismarck Mandan Chamber EDC for context on project pipelines and workforce needs; their briefings often explain why companies request confidentiality early on.
• If you prefer primary sources, the Legislature’s committee minutes and fiscal notes are invaluable for seeing exactly what was said—and what a proposal might cost.

What to Watch

• Committee hearings and any amendment drafts in the coming weeks will signal whether lawmakers are aiming for a narrow tweak or a broader ban.
• If the bill advances, expect fresh input from city and county leaders in Bismarck as they game out how new rules would shape early-stage talks with employers.
• If it stalls, look for an interim study or a narrower pilot to reappear later this session.