North Dakota

Senate Bill 2406 on data center nondisclosure agreements (did not pass)

Legislation introduced (any outcome)

Did not pass This measure did not pass.

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

Primary source

https://ndlegis.gov/assembly/69-2025/special-2/bill-overview/bo2406.html

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