HB 1393 North Dakota House · 69th Legislative Assembly (2025-26)

A BILL for an Act to create and enact a new chapter to title 13 of the North Dakota Century Code, relating to earned wage access providers; and to provide a penalty.

HB 1393 would have created new licensing requirements for businesses offering "earned wage access" services in North Dakota - allowing workers to access part of their earned but unpaid wages before their regular payday. The bill would have required providers (excluding banks, payroll services, and employers offering early pay directly) to obtain a license from the Financial Institutions Commissioner, maintain $25,000 net worth, post a $50,000 bond, and pass background checks for fraud convictions. Key provisions defined terms like "earned income access transaction" and set rules for fees, consumer notices, and prohibited practices. This bill would have directly affected non-exempt companies seeking to offer early wage access, not workers or employers. (Note: The bill failed to pass in April 2025.)

Issues: ✓ Labor & Employment

Bill status passed both 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

House Passage

Feb 2025

Senate Failed

Apr 2025

Governor

Introduced Jan 13, 2025 Last action Apr 2, 2025

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What changed between versions

INTRODUCED → FIRST ENGROSSMENT · 5 edits

MODERATE

The bill was renamed from regulating 'payday lending organizations' to 'earned wage access providers,' reflecting a shift in focus from traditional short-term loans to services that give workers early access to earned but unpaid wages. This change broadens the regulatory framework to cover a wider range of wage access services while maintaining oversight by the Department of Financial Institutions.

Scope change

The bill's scope expanded from payday lending to include earned wage access services, which provide consumers with early access to earned but unpaid income. The definition of covered entities now includes both consumer-directed services and employer-integrated services.

SCOPE

Changed the bill title from 'payday lending organizations' to 'earned wage access providers' to reflect the modernization of wage access services.

DEFINITION

Added new definitions for 'Charge,' 'Consumer-directed wage access services,' 'Employer,' 'Employer-integrated wage access services,' 'Outstanding proceeds,' and 'Proceeds' to clarify regulatory terms.

Removed the old definition of 'Business entity' and restructured the definitions section to better align with earned wage access terminology.

REQUIREMENT

Added new requirements for license applicants, including the ability for the commissioner to review business records, capital adequacy, and the competence of key personnel.

ELIGIBILITY

Modified the definition of 'Provider' to exclude payroll service providers who only verify earnings and employers who offer direct wage access before regular pay dates.

Floor votes · Senate Apr 2, 2025 · House Feb 17, 2025

How they voted

16–30

Failed · 1 other

Total votes 47

Apr 2, 2025

D Democratic5

3 Yea 2 Nay

60% Yea

R Republican42

13 Yea 28 Nay 1

66% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 2, 2025

Vote failed

Senate Vote: fail (16-30-1)

senate

Apr 1, 2025

Upper · Passed

Amendment adopted, placed on calendar

upper

Mar 31, 2025

Upper · Passed

Reported back amended, do pass, amendment placed on calendar 5 0 0

upper

Mar 11, 2025

Upper · Passed

Committee Hearing 09:45

upper

Feb 18, 2025

Introduced

Introduced, first reading, referred Industry and Business Committee

upper

Feb 17, 2025

Lower · Passed

Second reading, passed, yeas 85 nays 5

lower

Feb 14, 2025

Lower · Passed

Amendment adopted, placed on calendar

lower

Feb 13, 2025

Lower · Passed

Reported back amended, do pass, amendment placed on calendar 12 0 2

lower

Jan 20, 2025

Lower · Passed

Committee Hearing 09:30

lower

Jan 13, 2025

Introduced

Introduced, first reading, referred Industry, Business and Labor Committee

lower

1 primary · 1 co-sponsor