North Dakota Senate Bill SB2083

North Dakota 2025-2026 Regular Session

• Introduced: 1/7/25
• Refer: 1/7/25
• Report Pass: 1/16/25
• Engrossed: 1/21/25
• Refer: 2/13/25
• Report Pass: 3/7/25
• Enrolled: 3/12/25
• Passed: 3/18/25

Caption

AN ACT to create and enact a new subsection to section 44-04-18.7 of the North Dakota Century Code, relating to the designation of a sensitive image as an exempt record; and to amend and reenact section 44-04-17.1 of the North Dakota Century Code, relating to the definition of a sensitive image.

Summary

SB 2083 amends North Dakota’s open records law to define a new category of “sensitive image” and to make those images exempt from public disclosure unless another law provides otherwise. The bill expands the definition of sensitive image to include images depicting an exposed intimate part, a gruesome injury, a deceased individual, or a minor. It then adds a new subsection to the state’s records exemption statute stating that sensitive images are exempt records. The practical effect is to limit public access to certain graphic or privacy-sensitive visual materials held by public entities. This would apply within the state’s public records framework, affecting records maintained by state agencies, political subdivisions, and other public entities covered by Chapter 44-04 of the North Dakota Century Code. The bill does not broadly rewrite open meetings law, but it does change what kinds of images government bodies may withhold from disclosure in response to records requests.

Impact

SB 2083 changes North Dakota Century Code sections 44-04-17.1 and 44-04-18.7 by adding a statutory definition of “sensitive image” and classifying such images as exempt records. This narrows public access to certain images in government possession, including potentially law-enforcement, investigative, medical, or incident-related images involving intimate content, injuries, deceased persons, or minors. Public entities subject to the open records law would be authorized to withhold these images absent another law requiring disclosure.

Sentiment

The bill appears to have been broadly supported and noncontroversial. It passed the Senate 47-0 and the House 90-0, indicating unanimous support among voting members in both chambers. The absence of recorded opposition or committee transcript discussion suggests the measure was viewed as a straightforward privacy and sensitivity protection rather than a contested policy change.

Contention

No notable floor or committee contention is reflected in the available record. The main policy issue implicit in the bill is the balance between public transparency and privacy or dignity concerns for graphic images, especially those involving minors, deceased individuals, or severe injuries. Any potential concern would likely come from open-government advocates worried about expanding exemptions, but the unanimous votes suggest no organized opposition surfaced during consideration.