North Dakota House Bill HB1528

North Dakota 2023-2024 Regular Session

• Introduced: 1/18/23
• Refer: 1/18/23
• Report Pass: 2/15/23
• Engrossed: 2/17/23
• Refer: 2/20/23
• Report Pass: 4/7/23
• Enrolled: 4/19/23
• Passed: 4/25/23

Caption

The retention of electronic mail for institutions under the control of the state board of higher education, final disposition of records, mandatory records retention policies for state agencies, and the administration of employee accounts upon employee departure from an agency; to provide for a legislative management study; to provide an effective date; and to declare an emergency.

Impact

The bill's provisions are intended to enhance accountability and transparency in state records management practices. By standardizing the retention of electronic records, HB1528 aims to ensure that vital communications are preserved adequately and can be reviewed when necessary, thereby improving governance and operational efficiency within state agencies. This alignment is particularly relevant for agencies involved in higher education, where timely record-keeping can affect administrative operations and compliance with state laws.

Summary

House Bill 1528 amends several sections of the North Dakota Century Code, focusing primarily on the management and retention of electronic mail and records generated by state agencies, particularly those under the control of the State Board of Higher Education. The bill establishes mandatory retention policies requiring state agencies to retain nonstudent employee electronic mail messages for a minimum of two years. It further mandates the development of a legislative study during the 2023-24 interim to evaluate records management policies, training resources, and technological capabilities across state agencies, aiming for streamlining and improving compliance.

Sentiment

Debate surrounding HB1528 was largely supportive among legislators, reflecting a consensus on the need for better management of electronic records in public institutions. However, some stakeholders raised concerns about the potential burdens that extensive record retention could impose on smaller agencies lacking the necessary resources for compliance. Overall, the sentiment toward the bill suggested an optimistic approach toward reforming and modernizing records management while being cautious about implementation challenges.

Contention

While most discussions around the bill were positive, questions arose regarding the practicality of enforcing the new retention standards, particularly for agencies with limited budgets and staffing. Critics of extensive record retention policies caution against the risks of excessive bureaucracy that may accompany stringent compliance requirements. The proposed emergency measure highlights a sense of urgency to address these issues, reflecting the complex balance between effective government transparency and manageable operational constraints.