Bill
HB 1306
Would standardize ND open-record fees, allowing public entities to recover labor, mailing, and copy costs, plus one free annual locating/redaction up to 40 hours.
Amend and reenact subsection 2 of NDCC § 44‑04‑18 — Fees for open records requests
Status
- Introduced: November 13, 2024.
- Legislative outcome: Second reading — failed to pass (yeas 15, nays 75).
- This summary describes the substantive changes proposed by the bill; the measure did not become law.
Purpose and intent
- To clarify and standardize the fees and procedures state and local public entities may use when providing copies of public records in response to open‑records requests, and to allow public entities to recoup certain labor and mailing costs.
Key provisions (what the bill would have done)
- Provide one copy upon request: A public entity subject to NDCC § 44‑04‑18(1) must furnish one copy of requested public records and may mail a copy at the requester’s request.
- Form of request: An initial records request need not be in person or in writing. A public entity may require written clarification to determine which records are sought, but may not ask the requester’s motive or identity.
- Copy charges:
- Up to $0.25 per impression for paper copies (defined as one‑ or two‑sided duplicates no larger than 8.5"×14").
- For non‑paper copies, a “reasonable fee” may be charged, defined as the public entity’s actual cost (labor, materials, equipment).
- The entity may charge actual postage for mailing copies.
- Payment and withholding:
- An entity may require payment before locating, redacting, producing, or mailing copies.
- An entity may withhold production if the requester has an unpaid balance from prior requests.
- Labor fees for locating/redacting:
- If locating records (including electronic) requires more than one hour, the entity may charge up to $25 per hour per request (the initial hour is excluded from the fee).
- The same $25/hour cap (excluding the initial hour) applies to time spent excising confidential or closed material per NDCC § 44‑04‑18.10.
- If a single requester submits five or more requests within seven days, the entity may treat them as one request for purposes of computing locating/redaction time.
- One free annual request:
- Notwithstanding the hourly fees, each citizen of the state is entitled to one free request per year for locating records and excising confidential/closed material, provided production does not exceed 40 hours.
- Use of third parties:
- If the public entity cannot provide copies itself or is not authorized to use collected fees to cover copying/mailing, it may arrange for a public or private third party to make/mail the copy and the requester pays that third party’s fee.
- Carve‑outs: The subsection would not apply where another law specifically sets a different fee for copies.
Who would be affected
- Public entities subject to North Dakota’s open‑records statute (state agencies, political subdivisions that fall under subsection 1).
- Requesters of public records: general public, journalists, researchers, businesses. Frequent or large requesters could face higher cost exposure; casual requesters retain one free annual locating/redaction request if a North Dakota citizen and within 40 hours of production.
Potential impacts (anticipated effects)
- Administrative cost recovery: Allows entities to recoup some labor, equipment, and mailing costs, potentially reducing the fiscal burden of processing voluminous or complex requests.
- Access implications: Charging for locating and redaction time (after the first hour) and permitting payment up front or withholding for unpaid balances may deter some requesters, especially those making repeated or broad requests.
- Citizen protection: The one free annual locating/redaction request (for state citizens, ≤40 hours) preserves a measure of no‑cost access for routine uses.
- Variation with existing law: Where separate statutes set copy fees, those statutes prevail.
Procedural note
- The bill proposed a statutory amendment to a single subsection of the North Dakota Century Code (44‑04‑18(2)) but did not advance into law in this legislative session.
Compiled from official sources — confirm details with the bill’s official record.
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