1. The commission, for the protection of persons and property, may adopt and enforce railroad safety rules not inconsistent with any federal agency having jurisdiction over railroads. The commission may adopt rules more stringent than federal rules when necessary to eliminate an essentially state or local safety hazard if the rules are not incompatible with any federal law or rule and do not create an undue burden on interstate commerce.
2. A record and portion of a meeting related to the ongoing railroad investigation and surveillance activities of the national transportation safety board and federal railroad administration state safety participation program is an exempt record as defined under section 44-04-17.1.