Committee narrows exemption for railroad investigation records, advances bill after split vote

The House Judiciary Committee amended a proposed exemption to the state sunshine/open‑records framework to specify that records related to ongoing National Transportation Safety Board (NTSB) railroad investigative and surveillance activities may be limited from public access, and it advanced the bill to the next stage after a divided final vote.

House Bill 1110 initially proposed language to allow the Public Service Commission to limit access to records and portions of meetings related to investigative and surveillance reports. The commission submitted a one-line amendment that would make such records exempt. The North Dakota Newspaper Association testified that those records should remain open.

Representative Schneider proposed tightening the proposed exemption to refer specifically to “ongoing NTSB railroad investigative and surveillance activities.” Representative Vetter seconded Schneider’s amendment. The committee adopted Schneider’s narrower amendment by unanimous roll call, 13–0, clarifying that the change applies to ongoing NTSB railroad investigations rather than a broader set of investigative or surveillance records.

After the amendment, Representative Van Winkle moved that the committee give the bill a “do pass as amended” recommendation; Representative White seconded. The committee voted on the bill as amended, and the motion passed 8–5 (one member absent). Several members said they were uncomfortable with broad confidentiality but supported the narrowed language tied to ongoing NTSB railroad investigations; others argued the legislature must be explicit in limiting public access under the state sunshine provisions. Representative Christianson accepted responsibility as the bill carrier.

Committee discussion emphasized alignment with federal practice when the NTSB is leading an investigation and preserving the NTSB’s authority to control disclosure until it issues a final report. Members asked staff to consider whether other federal agencies (for example, the Federal Railroad Administration) might also have directives that affect disclosure during investigations; the chair suggested seeking an opinion from Legislative Council or staff if needed.