Requiring an individual who requests an open record to provide the individual's name and contact information.
Impact
The bill is expected to impact state laws regarding access to public records significantly. By enforcing stricter identification requirements, it seeks to curb potential abuse of the public records system while also promoting transparency in government dealings. Public entities are also given the authority to charge fees for producing records, possibly creating a financial barrier for some individuals seeking information. The implications of this could lead to a decrease in requests from individuals hesitant to provide personal information or who cannot afford the associated fees.
Summary
House Bill 1198 amends section 44-04-18 of the North Dakota Century Code, placing new requirements on individuals requesting access to public records. The key provision of the bill mandates that requestors must provide their name and contact information to have their requests validate. If a request does not include this information, it can be deemed invalid, effectively limiting anonymous requests for public information. This change is intended to enhance accountability by ensuring that the individuals seeking access to records can be identified.
Sentiment
The sentiment surrounding HB 1198 appears to be mixed. Proponents believe that the measure will strengthen transparency and accountability within government agencies, arguing that being able to identify requestors helps prevent frivolous or malicious requests. Meanwhile, opponents express concerns that the bill could restrict access to information, particularly for those who may not wish to disclose their identity for various reasons, thereby hindering public oversight and participation in government transparency efforts.
Contention
Key points of contention surrounding HB 1198 involve the balance between transparency and privacy. Critics argue that requiring personal information can deter individuals from making legitimate requests for information they have a right to access. There are also concerns about how this could disproportionately affect marginalized communities who may be less comfortable disclosing personal details. Additionally, the bill's provision to allow fees for the processing of requests may further complicate access to public records, as those with limited financial means may find it more challenging to obtain information.
An exemption for information contained in personnel records of public employees and records related to internal investigations by the department of corrections and rehabilitation.
Preventive treatment, requests for reconsideration of claim decisions issued by the organization, providing employer account information, calculation of an employer's premium and creating a presumption of accuracy, an employer conducting business with a known uninsured employer, requests for reconsideration of employer decisions issued by the organization, and privacy of records; to provide for a legislative management report; and to provide for application.
Civil rights: public records; limited access to public records; provide for incarcerated individuals. Amends secs. 1, 2, 3 & 5 of 1976 PA 442 (MCL 15.231 et seq.).
Photo ID required to register to vote and to vote, voter ID card created, provisional ballots established, ID of individuals acting as an agent for an absentee voter required, ID of individuals providing assistance at a polling place required, criminal penalties increased, and money appropriated.
Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.