North Dakota House Bill HB1198

North Dakota 2023-2024 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23
• Report DNP: 2/3/23

Caption

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.