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HB 1185

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.

69th Legislative Assembly (2025-26) Introduced by Jose Castaneda and 7 co-sponsors

Strengthens privacy by shielding public employee records and DOC investigations, with a 75-day cap on general exemptions and safety-based, longer protections for DOC records.

Second reading, failed to pass, yeas 10 nays 83
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Bill Summary · HB 1185

Summary — HB 1185 (North Dakota)

A bill to amend NDCC §§ 44‑04‑18.1 and 54‑23.3‑07.1 to expand and clarify exemptions for information in public employees’ personnel records and for records related to internal investigations by the Department of Corrections and Rehabilitation.

Main purpose

  • Increase confidentiality protections for certain personal and personnel information of public employees and for records produced during internal investigations, while setting limits and defining conditions under which those records are exempt from public disclosure.

Key provisions / statutory changes

  • Amends NDCC § 44‑04‑18.1 (public records exemptions) to:

    • Reaffirm that employee medical treatment records and employee assistance program records are confidential and may not be disclosed without written employee authorization.
    • Designate a set of “personal information” in personnel records as exempt from public disclosure. The list includes: month/day of birth; home address; home/personal cell phone number; photograph; medical information; motor vehicle operator’s ID number; public employee ID number; payroll deduction information; dependent or emergency contact information (name, address, phone, DOB); credit/debit/card numbers; and bank account numbers.
    • Specify that information regarding the type of leave taken is exempt, but the amount of leave taken/accrued and the dates of leave taken are public. Leave applied for but not yet taken is exempt until taken.
    • Confirm exemptions for personal information about licensees held by occupational/professional boards and for information about participants in organized public safety peer counseling/debriefings.
    • Provide that records relating to a public entity’s internal investigation of complaints against the entity or an employee are exempt while the investigation is pending, but no longer than 75 calendar days from the date of the complaint (i.e., a 75‑day cap on the general exemption).

  • Amends NDCC § 54‑23.3‑07.1 (Department of Corrections and Rehabilitation investigations) to create a separate exemption rule for DOC internal investigation records:

    • Notwithstanding the general rules, DOC internal investigation records are exempt if (1) disclosure could reasonably identify victims, witnesses, employees providing investigative information, or confidential informants; and (2) disclosure would cause a credible threat of violence or other harm.
    • This provision allows DOC investigation records to remain exempt on safety/identification grounds beyond the general 75‑day limit where those conditions are met.

Who is affected

  • Public employees and job applicants in North Dakota (privacy of medical, personal, contact, financial‑related items).
  • Individuals licensed by state occupational/professional boards (personal info held by boards).
  • Participants in public safety peer counseling or debriefings.
  • Victims, witnesses, confidential informants, and corrections employees involved in DOC internal investigations.
  • Members of the public, journalists, and watchdogs — who may see reduced access to certain personnel and investigative records.

Practical impact and considerations

  • Strengthens privacy protections for employees and safety‑sensitive participants; may reduce risk of doxxing or harm when an investigation is ongoing.
  • Introduces a 75‑day maximum for the general internal‑investigation exemption, promoting eventual disclosure unless another statutory exemption applies.
  • Creates a narrower, safety‑focused exemption for DOC investigations that can justify longer confidentiality when disclosure would identify individuals or pose a credible threat.
  • Could reduce transparency and oversight of some personnel and investigative matters; the DOC provision retains broader protection for safety reasons.

Procedural / timeline information

  • Introduced: November 12, 2024 (Sixty‑ninth Legislative Assembly).
  • Sponsors listed in the bill text: Representatives Louser, Heilman, Henderson, D. Johnston, VanWinkle; Senators Castaneda, Paulson, Magrum.
  • Status (as provided): Second reading — failed to pass (yeas 10, nays 83).

(For specific statutory text, see the amended versions of NDCC §§ 44‑04‑18.1 and 54‑23.3‑07.1 included with the bill.)

Compiled from official sources — confirm details with the bill’s official record.

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