Scope
North Dakota Senate Bill 2406, introduced in the September 2026 special session, would have created N.D.C.C. chapter 44-04.1 to prohibit state agencies and political subdivisions from entering nondisclosure agreements with a developer concerning a data center or industrial project, with application declarations and a civil penalty. It failed to pass the Senate on second reading on 3 September 2026, 15 to 32.
- Geographic scope
- North Dakota
- Jurisdiction
- State
- Authority type
- Legislature
- Issuing authority
- North Dakota Legislative Assembly
Dates
- Adopted
- No adoption day is recorded
- Effective
- Never took effect (did not pass)
- Scheduled expiration
- None scheduled
- Ended
- 3 September 2026
- Completion condition
- None stated
- Source document
- The source page states no document date
- Last checked
- 23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
North Dakota Senate Bill 2406 proposed to bar state agencies and political subdivisions from entering nondisclosure agreements with developers of data centers or industrial projects and to void such agreements. The Legislative Branch records show the bill failed to pass the Senate on second reading on 3 September 2026 by 15 votes to 32 during the September 2026 special session. It did not become law and creates no requirement.
What this does not establish
- The operative description relies on the first engrossment (25.1425.03000), the version on which the Senate voted; the introduced text was not compared.
- The bill also covered industrial projects generally; this record is included because the bill names data centers expressly.
- The bill would have carried its own expiration date (30 June 2027); that date is moot because the bill did not pass.
Unresolved questions
None recorded.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- No related action is recorded.
Sources
https://ndlegis.gov/assembly/69-2025/special-2/bill-overview/bo2406.html
- North Dakota Legislative Branch, SB 2406 actions (September 2026 special session) Senate second-reading failure on 3 September 2026 (15-32)
- Engrossed Senate Bill 2406 (25.1425.03000) Text of the version voted on