North Dakota House Bill HB1442

North Dakota 2023-2024 Regular Session

• Introduced: 1/17/23
• Refer: 1/17/23
• Report DNP: 2/13/23

Caption

Prohibiting possession of public employee personnel documents; and to provide a penalty.

Impact

The bill proposes amendments to Section 44-04-18.1 of the North Dakota Century Code, reinforcing protections around public employee information. If enacted, it would create penalties for individuals who unlawfully release or possess exempt records. The penalties range from infractions for minor offenses to class A misdemeanors for the unauthorized release of multiple documents. This legislation indicates a step towards strengthening the framework for employee privacy within public sectors, aiming to prevent misuse of sensitive information.

Summary

House Bill 1442 aims to enhance the confidentiality of public employee personnel documents in North Dakota. It specifically addresses the prohibition against the possession and disclosure of certain employee documents, including medical treatment records and personal information. By categorizing such information as confidential, the bill seeks to safeguard employees' privacy while balancing the need for transparency in public records. However, it does allow for the amount of leave taken or accrued to remain public records, thereby maintaining some level of accountability.

Contention

Notably, the discussion surrounding HB 1442 may include concerns regarding potential overreach in restricting access to public records. Critics may argue that while safeguarding employee privacy is essential, the bill could hinder transparency and accountability in public employment. Additionally, there may be debate on the balance between individual privacy rights and the public's right to know, particularly concerning how these amendments interact with existing laws governing public records in North Dakota. As the bill progresses, the legislative assembly will need to consider these points to address any valid concerns raised.