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