2021 Legislative Changes

Following are the legislative changes to open records and meetings laws that take effect before August 1, 2021:

  • HB 1185 amended §39-08-13 (accident report forms). It had an emergency clause and took effect on April 13, 2021. Unless the requester is a party to the accident, their legal representative, insurer or agent of the insurer, the name, driver’s license number, and telephone number of a minor party is exempt

    • Note: Enrolled HB 1185 classified the information as if it were confidential – making it a misdemeanor offense to disclose the minor’s exempt information to anyone other than an authorized requester. However, the criminal penalty was repealed by Section 10 of SB 2011, with an emergency effective date of May 3, 2021. 

  • Section 3 of HB 1349 amended §44-04-19 (access to public meetings) to provide that a governing body no longer has to have a speakerphone or monitor available in a physical location if a meeting is held electronically. Rather, the information necessary to join the meeting must be in the notice.

    • Note: Section 46 of HB 1015 added an emergency clause. Therefore, the change in HB 1349 took effect as of May 10, 2021.