SB 2154 North Dakota Senate · 69th Legislative Assembly (2025-26)

AN ACT to amend and reenact subsection 13 of section 1-01-49, subsection 4 of section 10-30.5-01, and section 40-57.1-02 of the North Dakota Century Code, relating to the definition of primary sector business.

SB 2154 amends North Dakota's legal definition of "primary sector business" across three code sections to clarify which businesses qualify for economic development programs. It defines such businesses as certified entities (including corporations, LLCs, or tourism operations) that create "new wealth" through sales to out-of-state visitors or by offering previously unavailable products/services within the state. The bill explicitly includes tourism businesses in this definition while excluding production agriculture. These changes affect businesses seeking state economic development benefits, ensuring tourism operations that attract outside visitors qualify for program eligibility.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Jan 2025
House Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Jan 7, 2025 Signed Mar 18, 2025
Maddy AI version diff · 1 comparison

What changed between versions

INTRODUCED Enrollment · 4 edits
MODERATE
This bill updates the definition of 'primary sector business' in North Dakota law to explicitly include tourism operations that create new wealth by attracting out-of-state visitors. It clarifies that primary sector businesses include tourism but exclude production agriculture, and adds a new definition for 'tourism' covering recreation, cultural events, and destination attractions. The bill also defines 'project' for income tax exemption purposes to include both primary sector businesses and tourism.
Scope change
The bill expands the scope of what qualifies as a 'primary sector business' to explicitly include tourism operations, while simultaneously excluding production agriculture from this classification.
DEFINITION

Added explicit definition of 'primary sector business' to include tourism operations that create new wealth by attracting out-of-state visitors, with 'new wealth' defined as revenues from out-of-state customers or unavailable local products.

Added new definition of 'tourism' covering recreation, historical and cultural events, guide services, and unique lodging and food services that serve as destination attractions.

Added definition of 'project' for income tax exemption purposes to include both primary sector business and tourism, covering new qualifying businesses or expansions.

ELIGIBILITY

Modified eligibility criteria by excluding production agriculture from the definition of primary sector business, while including tourism operations.

Floor votes · Senate Jan 22, 2025 · House Mar 10, 2025

How they voted

470
Passed
Total votes 47
Jan 22, 2025
D Democratic5
5 Yea
100% Yea
R Republican42
42 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
15
Key actions
7
Committee
4
Mar 20, 2025
Introduced
Filed with Secretary Of State 03/18
legislature
Mar 18, 2025
Signed into law
Signed by Governor 03/17
upper
Mar 10, 2025
Lower · Passed
Second reading, passed, yeas 91 nays 1
lower
Mar 7, 2025
Lower · Passed
Reported back, do pass, placed on consent calendar 13 0 0
lower
Mar 7, 2025
Lower · Passed
Committee Hearing 10:30
lower
Feb 13, 2025
Introduced
Introduced, first reading, referred Political Subdivisions Committee
lower
Jan 22, 2025
Upper · Passed
Second reading, passed, yeas 47 nays 0
upper
Jan 21, 2025
Upper · Passed
Reported back, do pass, place on calendar 5 0 0
upper
Jan 20, 2025
Upper · Passed
Committee Hearing 09:30
upper
Jan 7, 2025
Introduced
Introduced, first reading, referred Industry and Business Committee
upper
1 primary · 5 co-sponsors

Sponsors