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HB 1415

AN ACT to amend and reenact subsection 3 of section 44-04-18.3 of the North Dakota Century Code, relating to the exempt status of department of corrections and rehabilitation work schedule records.

69th Legislative Assembly (2025-26) Introduced by Sean Cleary and 2 co-sponsors

ND HB 1415 exempts law-enforcement and corrections staff work schedules from public records, reducing public access and oversight while prioritizing safety and security.

Filed with Secretary Of State 03/27
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Bill Summary · HB 1415

Summary — North Dakota HB 1415 (2025)

Status: Filed with Secretary of State (filed 03/27/2025)
Introduced: Nov. 19, 2024
Sponsors: Representatives O'Brien, Mitskog; Senator Cleary

Purpose / Intent

The bill amends North Dakota’s public-records exemptions to make employee work schedules for two categories of public employees categorically exempt from disclosure: (1) employees of law‑enforcement agencies, and (2) employees of the Department of Corrections and Rehabilitation (DOCR). The stated intent is to protect safety and operational security by removing routine public access to staff scheduling information.

Key provision (textual change)

The bill amends subsection 3 of ND Century Code § 44‑04‑18.3 to read:

  • “Any record containing the work schedule of employees of a law enforcement agency or the department of corrections and rehabilitation is exempt.”

This replaces the prior wording of that subsection (the bill reenacts the subsection with the exemption as shown).

Who is affected

  • Directly affected: employees of local law‑enforcement agencies and employees of the North Dakota Department of Corrections and Rehabilitation (their work schedules).
  • Indirectly affected: media, public watchdogs, researchers, courts, and members of the public who previously could obtain employee work schedules via public‑records requests; and agency administrators responsible for records compliance.
  • Agencies retain discretion to release schedules voluntarily, but they are no longer subject to a public‑records requirement to disclose them.

Practical effects / impacts

  • Privacy & security: Intended to reduce risks to officers and correctional staff by limiting public access to staffing patterns and shift assignments.
  • Transparency & oversight: Reduces public access to a category of operational information that can be used for oversight, reporting, or scheduling analysis. Investigative journalists, researchers, and others may face barriers to obtaining schedule-related evidence without other legal means (e.g., court orders, subpoenas, or agency‑released summaries).
  • Administrative/fiscal: The bill itself is a legal/records exemption and likely imposes minimal direct fiscal cost or savings. It may modestly reduce staff time responding to routine records requests for schedules.
  • Legal interaction: The exemption alters open‑records obligations under ND law; it does not address other evidence‑gathering authorities or law‑enforcement needs for access in investigations.

Legislative/timeline notes

  • Statutory target: Subsection 3, NDCC § 44‑04‑18.3 (public‑record exemptions).
  • Procedural status provided: filed with the Secretary of State on March 27, 2025 (per bill information supplied).
  • Sponsors: Representatives O'Brien and Mitskog; Senator Cleary.

Considerations and tradeoffs

  • Supporters typically cite staff safety, risk reduction, and operational security.
  • Critics typically cite diminished transparency and reduced public oversight of law‑enforcement and corrections operations.
  • The exemption is categorical (no carve‑outs in the text), so disclosure would depend on agency policy or separate legal processes.

If you want, I can:
- Compare this exemption to similar provisions in other states;
- Draft suggested amendment language to add limited disclosure exceptions (e.g., for oversight bodies or court orders);
- Find the prior text of § 44‑04‑18.3 to show exactly what changed.

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

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