Published February 18, 2025

Bill of the Day SB2350-Changing Public Records Laws?

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The Dakotan
| The Dakotan
The hallway inside the Capitol of North Dakota. (Photo: Lydia Hoverson/The Dakotan)
The hallway inside the Capitol of North Dakota. (Photo: Lydia Hoverson/The Dakotan)

The Bill of the Day series highlights a specific bill providing a basic breakdown of the bill. No opinion is included.

A bill proposed in the North Dakota Legislature would modify the state’s open records law by restricting access to public employee performance and disciplinary records for a 3 year period. Senate Bill 2350, introduced by Senators Paulson, Burckhard, and Castaneda, along with Representatives Fisher, D. Johnston, and Louser, seeks to exempt these records from public disclosure for three years or until an employee leaves their position, whichever comes first.

The bill also extends the confidentiality period for internal investigations into public employee misconduct, increasing the time before records become public from 75 days to 180 days. It also expands the types of personal information protected from disclosure, including employee photographs, dependent and emergency contact details, and certain financial records.

The bill clarifies exemptions related to employee leave records, ensuring that while the total amount and dates of leave taken remain public, the specific type of leave is kept confidential. Pending leave requests would also remain undisclosed until they are used. Additionally, the bill introduces a confidentiality exemption for public safety peer counseling records, protecting discussions from peer support and debriefing sessions for law enforcement and emergency personnel. The bill is currently under consideration.

Follow along the bills process here

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