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-25.8111.01000
-Sixty-ninth
+25.8111.01001
+Title.02000
+Adopted by the Judiciary Committee
+Sixty-ninth
+January 15, 2025
 Legislative Assembly
 of North Dakota
 Introduced by
 Judiciary Committee
 (At the request of the Highway Patrol)
-A BILL for an Act to create and enact a new section to chapter 44-04 of the North Dakota
-Century Code, relating to designating certain crash scene images as exempt records; and to
-amend and reenact subsection 9 of section 44-04-18.7 of the North Dakota Century Code,
-relating to exempt records related to criminal intelligence and investigation information.
+A BILL for an Act to create and enact a new of the North Dakota Century Code, relating to
+designating certain crash scene images as exempt records; and to amend and reenact
+subsection 9 of section 44-04-18.7 of the North Dakota Century Code, relating to exempt
+records related to criminal intelligence and investigation information.for an Act to create and
+enact a new subsection to section 44-04-18.7 of the North Dakota Century Code, relating to the
+designation of a sensitive image as an exempt record; and to amend and reenact section
+44-04-17.1 of the North Dakota Century Code, relating to the definition of a sensitive image.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
-SECTION 1. AMENDMENT. Subsection 9 of section 44-04-18.7 of the North Dakota
+      SECTION 1. AMENDMENT. Subsection 9 of section 44-04-18.7 of the North Dakota
 Century Code is amended and reenacted as follows:
-9. An image is an exempt record if the image is taken with:
-a. With a body camera or similar device and which is taken incontains an image of:
-(1) Nude or partially denuded human figures as defined in section
+      9.    An image is an exempt record if the image is taken with:
+              a.    With a body camera or similar device and which is taken incontains an image of:
+                     (1)    Nude or partially denuded human figures as defined in section
 12.1  -  27.1  -  03.1;
-(2) An individual with serious bodily injury as defined in section 12.1  -  01  -  04; or
-(3) A deceased individual; or
-b. In a private place is an exempt record.
-SECTION 2. A new section to chapter 44-04 of the North Dakota Century Code is created
+                     (2)    An individual with serious bodily injury as defined in section 12.1  -  01  -  04; or
+                     (3)    A deceased individual; or
+              b.    In a private place is an exempt record.
+      SECTION 2. A new section to chapter 44-04 of the North Dakota Century Code is created
 and enacted as follows:
-Crash scene images - Exempt.
-An image of an individual from a crash scene or incident is an exempt record if the image
+Page No. 1 25.8111.01001
+ SENATE BILL NO. 2083
+PROPOSED AMENDMENTS TO
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+      Crash scene images - Exempt.
+      An image of an individual from a crash scene or incident is an exempt record if the image
 contains:
-a. Nude or partially denuded human figures as defined in section 12.1  -  27.1  -  03.1;
-b. An individual with serious bodily injury as defined in section 12.1  -  01  -  04;
-c. A deceased individual; or
-d. A minor.
-Page No. 1 25.8111.01000
- SENATE BILL NO. 2083
-
+              a.    Nude or partially denuded human figures as defined in section 12.1  -  27.1  -  03.1;
+              b.    An individual with serious bodily injury as defined in section 12.1  -  01  -  04;
+              c.    A deceased individual; or
+                            d. A minor.
+SECTION 1. AMENDMENT. Section 44-04-17.1 of the North Dakota Century Code is
+amended and reenacted as follows:
+44-04-17.1. Definitions.
+As used in this section through section 44-04-32:
+1. "Closed meeting" means all or part of an exempt meeting that a public entity in its
+discretion has not opened to the public, although any person necessary to carry out or
+further the purposes of a closed meeting may be admitted.
+2. "Closed record" means all or part of an exempt record that a public entity in its
+discretion has not opened to the public.
+3. "Confidential meeting" or "confidential record" means all or part of a record or meeting
+that is either expressly declared confidential or is prohibited from being open to the
+public.
+4. "Executive session" means all or part of a meeting that is closed or confidential.
+5. "Exempt meeting" or "exempt record" means all or part of a record or meeting that is
+neither required by law to be open to the public, nor is confidential, but may be open in
+the discretion of the public entity.
+6. "Governing body" means the multimember body responsible for making a collective
+decision on behalf of a public entity. "Governing body" also includes any group of
+persons, regardless of membership, acting collectively pursuant to authority delegated
+to that group by the governing body.
+7. "Information technology resources" includes data processing hardware and software
+or technology support services necessary to facilitate a response to a request for
+electronic records.
+8. "Law" includes federal statutes, applicable federal regulations, and state statutes.
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+9. a. "Meeting" means a formal or informal gathering or a work session, whether in
+person or through any electronic means, of:
+(1) A quorum of the members of the governing body of a public entity regarding
+public business; or
+(2) Less than a quorum of the members of the governing body of a public entity
+regarding public business, if the members attending one or more of the
+smaller gatherings collectively constitute a quorum and if the members hold
+the gathering for the purpose of avoiding the requirements of section
+44-04-19.
+b. "Meeting" does not include:
+(1) A chance or social gathering at which public business is not considered;
+(2) Emergency operations during a disaster or emergency declared under
+section 37-17.1-10 or an equivalent ordinance if a quorum of the members
+of the governing body are present but are not discussing public business as
+the full governing body or as a task force or working group;
+(3) The attendance of members of a governing body at meetings of any
+national, regional, or state association to which the public entity, the
+governing body, or individual members belong;
+(4) Training seminars at which no other public business is considered or
+discussed; and
+(5) Administration of examinations by a regulatory board when no other public
+business is considered or discussed.
+c. Notwithstanding subdivisions a and b, as applied to the legislative assembly,
+"meeting" means any gathering subject to section 14 of article IV of the
+Constitution of North Dakota.
+d. Notwithstanding subdivisions a and b, "meeting" does not include any meeting of
+the judicial branch or a committee or workgroup of the judicial branch. Such
+meetings are governed by section 5 of article XI of the Constitution of North
+Dakota.
+10. "Organization or agency supported in whole or in part by public funds" means an
+organization or agency in any form which has received public funds exceeding the fair
+Page No. 3 25.8111.01001
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+market value of any goods or services given in exchange for the public funds, whether
+through grants, membership dues, fees, or any other payment. An exchange must be
+conclusively presumed to be for fair market value, and does not constitute support by
+public funds, when an organization or agency receives a benefit under any authorized
+economic development program.
+11. "Political subdivision" includes any county or city, regardless of the adoption of any
+home rule charter, and any airport authority, township, school district, park district,
+rural fire protection district, water resource district, solid waste management authority,
+rural ambulance service district, irrigation district, hospital district, soil conservation
+district, recreation service district, railroad authority, or district health unit.
+12. "Public business" means all matters that relate or may foreseeably relate in any way
+to:
+a. The performance of the public entity's governmental functions, including any
+matter over which the public entity has supervision, control, jurisdiction, or
+advisory power; or
+b. The public entity's use of public funds.
+13. "Public entity" means all:
+a. Public or governmental bodies, boards, bureaus, commissions, or agencies of
+the state, including any entity created or recognized by the Constitution of North
+Dakota, state statute, or executive order of the governor or any task force or
+working group created by the individual in charge of a state agency or institution,
+to exercise public authority or perform a governmental function;
+b. Public or governmental bodies, boards, bureaus, commissions, or agencies of
+any political subdivision of the state and any entity created or recognized by the
+Constitution of North Dakota, state statute, executive order of the governor,
+resolution, ordinance, rule, bylaw, or executive order of the chief executive
+authority of a political subdivision of the state to exercise public authority or
+perform a governmental function; and
+c. Organizations or agencies supported in whole or in part by public funds, or
+expending public funds.
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+14. "Public funds" means cash and other assets with more than minimal value received
+from the state or any political subdivision of the state.
+15. "Quorum" means one-half or more of the members of the governing body, or any
+smaller number if sufficient for a governing body to transact business on behalf of the
+public entity.
+16. "Record" means recorded information of any kind, regardless of the physical form or
+characteristic by which the information is stored, recorded, or reproduced, which is in
+the possession or custody of a public entity or its agent and which has been received
+or prepared for use in connection with public business or contains information relating
+to public business. "Record" does not include unrecorded thought processes or mental
+impressions, but does include preliminary drafts and working papers. "Record" also
+does not include records in the possession of a court of this state.
+17. "Sensitive image" means an image depicting an exposed intimate part, gruesome
+injury, deceased individual, or a minor.
+    18.    "Task force or working group" means a group of individuals who have been formally
+appointed and delegated to meet as a group to assist, advise, or act on behalf of the
+individual in charge of a state agency or institution when a majority of the members of
+the group are not employees of the agency or institution.
+SECTION 2. A new subsection to section 44-04-18.7 of the North Dakota Century Code is
+created and enacted as follows:
+Unless otherwise provided by law, a sensitive image as defined by section 44-04-17.1
+is an exempt record.
+Page No. 5 25.8111.01001
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