This bill amends subsection 2 of section 44-04-18 of the North Dakota Century Code, which pertains to the fees associated with open records requests. The new provisions clarify that initial requests for public records do not need to be made in person or in writing, and copies must be mailed upon request. Public entities can require written clarification of requests but cannot inquire about the requester's motives or identity. The bill establishes a fee structure, allowing entities to charge up to twenty-five cents per impression for paper copies and a reasonable fee for other types of copies. Additionally, entities may charge for postage and require payment before processing requests.
The bill also introduces several new stipulations, including the ability for entities to withhold records until payment for prior requests is made, and the imposition of a fee not exceeding twenty-five dollars per hour for locating records that take longer than one hour. However, it allows for one request per year to be fulfilled free of charge for state citizens, provided it does not exceed forty hours of production time. Furthermore, if an entity cannot cover the costs of providing copies, it may arrange for another entity to fulfill the request, with the requester responsible for the associated fees. The bill specifies that these provisions do not apply to records with different fee structures established by law.
Statutes affected: INTRODUCED: 44-04-18