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HB 1110

AN ACT to amend and reenact section 49-10.1-14 of the North Dakota Century Code, relating to access to investigative and surveillance records and meetings of the public service commission.

69th Legislative Assembly (2025-26)

HB 1110 exempts ongoing NTSB/FRA railroad investigations and related PSC meeting portions from public disclosure, enabling closures of parts of meetings and withheld records.

Filed with Secretary Of State 04/17
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Bill Summary · HB 1110

Summary — HB 1110 (North Dakota)

AN ACT to amend and reenact section 49‑10.1‑14, North Dakota Century Code
Relating to access to investigative and surveillance records and meetings of the Public Service Commission

Main purpose

HB 1110 clarifies and narrows public‑access limitations for records and meeting portions held by the North Dakota Public Service Commission (PSC) that relate to ongoing railroad safety investigations and surveillance activities conducted in coordination with federal agencies. The bill both restates the PSC’s authority to adopt railroad safety rules and specifies particular investigative records and meeting portions that are exempt from public disclosure.

Key provisions

  • Restates PSC authority (no substantive change):

    • The PSC may adopt and enforce railroad safety rules consistent with federal law.
    • The PSC may adopt rules more stringent than federal rules to address state/local safety hazards if not incompatible with federal law and not creating an undue burden on interstate commerce.

  • Adds a statutory exemption for certain investigative records and meeting portions:

    • A record and a portion of a meeting that relate to ongoing railroad investigation and surveillance activities of the National Transportation Safety Board (NTSB) and the Federal Railroad Administration (FRA) State Safety Participation Program are declared exempt from disclosure under the State’s public records/open meetings statute (see section 44‑04‑17.1 NDCC).
    • In practice this permits the PSC to close parts of meetings and withhold records while these specified federal‑coordinated investigations/surveillance activities are ongoing.

Who is affected

  • Public Service Commission: gains a clear statutory basis to limit public access to certain investigation‑related materials and meeting segments.
  • Railroads and federal investigative partners (NTSB, FRA): investigations and surveillance activities coordinated with the PSC are given confidentiality protections.
  • General public, media, and transparency advocates: reduced access to investigative files and closed meeting portions while investigations are “ongoing.”
  • Parties to investigations and legal counsel: may be affected by timing and availability of evidence and deliberations.

Scope and limits

  • The exemption is limited to records/meeting portions tied to ongoing activities of the NTSB and the FRA state safety participation program (i.e., not a blanket exemption for all PSC records).
  • The exemption references and operates under the State’s existing exemption framework in NDCC §44‑04‑17.1; other disclosure rules and timelines in that statute may apply.

Procedural/timeline status

  • Introduced by the Judiciary Committee at the request of the PSC.
  • Passed both chambers (House and Senate) with recorded votes; committee hearings and amendments documented.
  • Emergency clause adopted by the Legislature.
  • Signed by the Governor on April 15, 2025; filed with the Secretary of State on April 17, 2025 — effective immediately under the adopted emergency clause (i.e., effective upon approval).

Potential impact (practical considerations)

  • Short term: permits the PSC to protect sensitive investigation materials and discussions while federal‑coordinated railroad safety investigations are active, potentially protecting investigative integrity and public safety.
  • Trade‑off: reduced immediate transparency for the public and press during “ongoing” investigations; the timing and criteria for when materials become public will depend on application of the referenced public‑records/meetings exemption (NDCC §44‑04‑17.1) and any interagency determinations about when an investigation is no longer ongoing.

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

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