North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1185 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.0424.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Louser, Heilman, Henderson, D. Johnston, VanWinkle
7	7	Senators Castaneda, Paulson, Magrum
8	8	A BILL for an Act to amend and reenact sections 44-04-18.1 and 54-23.3-07.1 of the North
9	9	Dakota Century Code, relating to an exemption for information contained in personnel records
10	10	of public employees and records related to internal investigations by the department of
11	11	corrections and rehabilitation.
12	12	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13	13	SECTION 1. AMENDMENT. Section 44-04-18.1 of the North Dakota Century Code is
14	14	amended and reenacted as follows:
15	15	44-04-18.1. Confidential and exempt records - Public employee personal, medical,
16	16	and employee assistance records - Confidentiality - Personal information maintained by
17	17	state entities - ExemptPublic employee personnel files - Information regarding
18	18	licensees - Public safety peer counseling information - Internal investigation records .
19	19	1.AnyA record of a public employee's medical treatment or use of an employee
20	20	assistance program is not to become part of that employee's personnel record and is
21	21	confidential and, except as otherwise authorized by law, may not be used or disclosed
22	22	without the written authorization of the employee. As used in this section, the term
23	23	"public employee" includes anyan individual who has applied for employment, is
24	24	employed, or has been employed by a public entity.
25	25	2.Except as otherwise specifically provided by law, personal information regarding a
26	26	public employee contained in an employee's personnel record or given to the state or
27	27	a political subdivision by the employee in the course of employment is exempt.,
28	28	including:
29	29	a.Personal information. As used in this section, "personal information" means a
30	30	person's month and day of birth; home address; home telephone number or
31	31	personal cell phone number; photograph; medical information; motor vehicle
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33	33	HOUSE BILL NO. 1185
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59	59	Legislative Assembly
60	60	operator's identification number; public employee identification number; payroll
61	61	deduction information; the name, address, telephone number, and date of birth of
62	62	any dependent or emergency contact; any credit, debit, or electronic fund transfer
63	63	card number; and any account number at a bank or other financial institution.
64	64	b.Information regarding the type of leave taken by an employee is exempt,
65	65	although. However, the amount of leave taken or accrued, and the dates of the
66	66	leave taken, is public record. Information regarding leave applied for but not yet
67	67	taken is exempt until the leave is taken.
68	68	3.Nonconfidential information contained in a personnel record of an employee of a
69	69	public entity as defined in subdivision c of subsection 13 of section 44-04-17.1 is
70	70	exempt.
71	71	4.3.Except as otherwise specifically provided by law, personal information regarding a
72	72	licensee maintained by an occupational or professional board, association, state
73	73	agency, or commission created by law is exempt. As used in this section, "licensee"
74	74	means an individual who has applied for, holds, or has held in the past an
75	75	occupational or professional license, certificate, credential, permit, or registration
76	76	issued by a state occupational or professional board, association, agency, or
77	77	commission.
78	78	5.4.Information relating directly to persons engaged in an organized public safety peer
79	79	counseling or a public safety peer debriefing is exempt.
80	80	6.5.Records relating to a public entity's internal investigation of a complaint against a
81	81	public entity or employee for misconduct are exempt until the investigation of the
82	82	complaint is complete, but no longer than seventy-five calendar days from the date of
83	83	the complaint.
84	84	SECTION 2. AMENDMENT. Section 54-23.3-07.1 of the North Dakota Century Code is
85	85	amended and reenacted as follows:
86	86	54-23.3-07.1. Exemption of certain internal investigation records.
87	87	Notwithstanding subsection 65 of section 44-04-18.1 and except as required under
88	88	subsection 1 of section 44-04-18.11, records relating to the department of corrections and
89	89	rehabilitation's internal investigations are exempt if:
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122	122	1.The records could reasonably be used to identify victims, witnesses, employees
123	123	providing investigative information, or individuals providing information as correctional
124	124	confidential informants; and
125	125	2.Disclosure would cause a credible threat of violence or other harm.
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