T74CH1
Title 74 > T74CH1
Sections (27)
74-101
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-101. Definitions. As used in this chapter: (1) Applicant means any person formally seeking a paid or volunteer position with a public agency. Applicant does not include any person seeking appointment to a position normally filled by election. (2) Copy means transcribing by handwriting, photocopying, duplicating machine or reproducing by any other means as long as the public record is not altered or damaged. (3) Custodian means the person or persons having personal custody and control of the public records in question. (4) Independent public body corporate and politic means the Idaho housing and finance association as created in chapter 62, title 67 , Idaho Code. (5) Inspect means the right to listen, view and make notes of public records as long as the public record is not altered or damaged. (6) Investigatory record means information with respect to an identifiable person, group of persons or entities compiled by a public agency pursuant to its statutory authority in the course of investigating a specific act, omission, failure to act, or other conduct over which the public agency has regulatory authority or law enforcement authority. (7) Law enforcement agency means any state or local agency given law enforcement powers or that has authority to investigate, enforce, prosecute or punish violations of state or federal criminal statutes, ordinances or regulations. (8) Local agency means a county, city, school district, municipal corporation, independent public body corporate and politic, district, public health district, political subdivision, or any agency thereof, or any committee of a local agency, or any combination thereof. (9) Person means any natural person, corporation, partnership, firm, association, joint venture, state or local agency or any other recognized legal entity. (10) Prisoner means a person who has been convicted of a crime and is either incarcerated or on parole for that crime or who is being held in custody for trial or sentencing. (11) Public agency means any state or local agency as defined in this section. (12) Public official means any state, county, local district, independent public body corporate and politic or governmental official or employee, whether elected, appointed or hired. (13) Public record includes, but is not limited to, any writing containing information relating to the conduct or administration of the public’s business prepared, owned, used or retained by any state agency, independent public body corporate and politic or local agency regardless of physical form or characteristics. Provided, however, that personal notes created by a public official solely for his own use shall not be a public record as long as such personal notes are not shared with any other person or entity. (14) Requester means the person requesting examination and/or copying of public records pursuant to section 74-102 , Idaho Code. (15) Resident means a perso
74-102
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-102. Public records — Right to examine. (1) Every person has a right to examine and take a copy of any public record of this state and there is a presumption that all public records in Idaho are open at all reasonable times for inspection except as otherwise expressly provided by statute. (2) The right to copy public records shall include the right to make photographs or photographic or other copies while the records are in the possession of the custodian of the records using equipment provided by the public agency or using equipment designated by the custodian. (3) Additionally, the custodian of any public record shall give the person, on demand, a certified copy of it if the record is of a nature permitting such copying or shall furnish reasonable opportunity to inspect or copy such record. (4) A public agency may require that a request for public records be submitted to it in a writing that specifically describes the subject matter and records sought, including a specific date range for when the records sought were created. The requesting party shall be as specific as possible when requesting records. A request shall describe records sought in sufficient detail to enable the public body to locate such records with reasonable effort. A request shall also provide the requester’s name, mailing address, email address, telephone number, and a written declaration by the requesting party attesting or affirming under oath whether such requester is a resident. A request for public records and delivery of the public records may be made by electronic mail. (5) The custodian shall make no inquiry of any person who requests a public record, except: (a) To verify the identity of the requester in accordance with section 74-113 , Idaho Code; or (b) To ensure that the requested record or information will not be used for purposes of a mailing or telephone list prohibited by section 74-120 , Idaho Code, or as otherwise provided by law; or (c) As required for purposes of protecting personal information from disclosure under chapter 2, title 49 , Idaho Code, and federal law. (6) The custodian shall not review, examine or scrutinize any copy, photograph or memoranda in the possession of any such person and shall extend to the person all reasonable comfort and facility for the full exercise of the right granted under this act. (7) Nothing herein contained shall prevent the custodian from maintaining such vigilance as is required to prevent alteration of any public record while it is being examined. (8) Examination of public records under the authority of this section must be conducted during regular office or working hours unless the custodian shall authorize examination of records in other than regular office or working hours. In this event, the persons designated to represent the custodian during such examination shall be entitled to reasonable compensation to be paid to them by the public
74-103
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-103. REQUEST AND Response to request for examination of public records. (1) All requests to examine public records shall be made to the designated custodian of such records as defined in section 74-101 (3), Idaho Code. A public agency, a public official, or an employee of a public agency shall have no obligation and shall not be deemed to have assumed any obligation to respond to a public records request that fails to comply with the requirements of this subsection. A public records request must clearly indicate that it is a public records request. (2) A public agency or custodian shall either grant or deny a resident’s request to examine or copy public records within three (3) working days of the date of the receipt of the request for examination or copying. A public agency or custodian shall either grant or deny a request from a person who is not a resident and not employed by a resident to examine or copy public records within twenty-one (21) days of the date of the receipt of the request for examination or copying. If it is determined by employees of the public agency that a longer period of time is needed to locate or retrieve the public records, the public agency shall so notify in writing the person requesting to examine or copy the records and shall provide the public records no later than ten (10) working days following the person’s request, if such person is a resident, and no later than thirty-five (35) days following a request from a nonresident. Additionally, if it is determined that the existing electronic record requested will first have to be converted to another electronic format by the agency or by a third party and that such conversion cannot be completed within the time allotted for the response, the agency shall so notify in writing the person requesting to examine or copy the records. The agency shall provide the converted public record at a time mutually agreed upon between the agency and the requester, with due consideration given to any limitations that may exist due to the process of conversion or due to the use of a third party to make the conversion. (3) If the public agency or custodian fails to respond within the time allotted for the response, the request shall be deemed to be denied. (4) If the public agency denies the person’s request for examination or copying the public records or denies in part and grants in part the person’s request for examination and copying of the public records, the person legally responsible for administering the public agency or that person’s designee shall notify the person in writing of the denial or partial denial of the request for the public record. (5) The notice of denial or partial denial shall state that the attorney for the public agency has reviewed the request or shall state that the public agency has had an opportunity to consult with an attorney regarding the request for examination or copying of a
74-104
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-104. Records exempt from disclosure — Exemptions in federal or state law — Court files of judicial proceedings — office of administrative hearings — judicial council. (1) The following records are exempt from disclosure: (a) Any public record exempt from disclosure by federal or state law or federal regulations to the extent specifically provided for by such law or regulation. (b) Records contained in court files of judicial proceedings, the disclosure of which is prohibited by or under rules adopted by the Idaho supreme court, but only to the extent that confidentiality is provided under such rules, and any drafts or other working memoranda related to judicial decision-making, provided the provisions of this subsection making records exempt from disclosure shall not apply to the extent that such records or information contained in those records are necessary for a background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition. (c) Any writings, drafts, notes, or working memoranda related to decision-making in any proceeding before the office of administrative hearings pursuant to sections 67-5280 through 67-5286 , Idaho Code, as well as any records that are otherwise exempt from disclosure under this chapter that are filed or submitted to the office of administrative hearings in the course of any proceedings before it. Orders issued by the office of administrative hearings are not exempt from disclosure under this section, unless otherwise exempt from disclosure under this chapter. (2) The judicial council ratings and tabulated scores from attorney questionnaires of candidates for a judicial vacancy whose names are submitted to the governor and the summary prepared pursuant to section 1-2102 (4), Idaho Code, shall be public. History: [74-104, added 2015, ch. 140, sec. 5, p. 349; am. 2023, ch. 182, sec. 7, p. 502; am. 2023, ch. 210, sec. 4, p. 587; am. 2024, ch. 16, sec. 16, p. 151.]
74-105
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-105. Records exempt from disclosure — Law enforcement records, investigatory records of agencies, evacuation and emergency response plans, worker’s compensation. The following records are exempt from disclosure: (1) Investigatory records of a law enforcement agency as defined in section 74-101 (7), Idaho Code, under the conditions set forth in section 74-124 , Idaho Code. (2) Juvenile records of a person maintained pursuant to chapter 5, title 20 , Idaho Code, except that facts contained in such records shall be furnished upon request in a manner determined by the court to persons and governmental and private agencies and institutions conducting pertinent research studies or having a legitimate interest in the protection, welfare and treatment of the juvenile who is thirteen (13) years of age or younger. If the juvenile is petitioned or charged with an offense that would be a criminal offense if committed by an adult, the name, offense of which the juvenile was petitioned or charged, and disposition of the court shall be subject to disclosure as provided in section 20-525 , Idaho Code. Additionally, facts contained in any records of a juvenile maintained pursuant to chapter 5, title 20 , Idaho Code, shall be furnished upon request to any school district where the juvenile is enrolled or is seeking enrollment. (3) Records of the custody review board of the Idaho department of juvenile corrections, including records containing the names, addresses and written statements of victims and family members of juveniles, shall be exempt from public disclosure pursuant to section 20-533A , Idaho Code. (4)(a) The following records of the department of correction: (i) Records of which the public interest in confidentiality, public safety, security and habilitation clearly outweighs the public interest in disclosure as identified pursuant to the authority of the state board of correction under section 20-212 , Idaho Code; (ii) Records that contain any identifying information or any information that would lead to the identification of any victims or witnesses; (iii) Records that reflect future transportation or movement of a prisoner; (iv) Records gathered during the course of the presentence investigation; and (v) Records of a prisoner as defined in section 74-101 (10), Idaho Code, or probationer shall not be disclosed to any other prisoner or probationer. (b) Records, other than public expenditure records, related to proposed or existing critical infrastructure held by or in the custody of any public agency only when the disclosure of such information is reasonably likely to jeopardize the safety of persons, property or the public safety. Such records may include emergency evacuation, escape or other emergency response plans, vulnerability assessments, operation and security manuals, plans, blueprints or security codes. For purposes of this paragraph, system includes electrical, compu
74-106
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-106. Records exempt from disclosure — Personnel records, personal information, health records, professional discipline. The following records are exempt from disclosure: (1) Except as provided in this subsection, all personnel records of a current or former public official other than the public official’s public service or employment history, classification, pay grade and step, longevity, gross salary and salary history, including bonuses, severance packages, other compensation or vouchered and unvouchered expenses for which reimbursement was paid, status, workplace and employing agency. All other personnel information relating to a public employee or applicant, including but not limited to information regarding sex, race, marital status, birth date, home address and telephone number, social security number, driver’s license number, applications, testing and scoring materials, grievances, correspondence and performance evaluations, shall not be disclosed to the public without the employee’s or applicant’s written consent. Names of applicants to classified or merit system positions shall not be disclosed to the public without the applicant’s written consent. Disclosure of names as part of a background check is permitted. Names of the five (5) final applicants to all other positions shall be available to the public. If such group is less than five (5) finalists, then the entire list of applicants shall be available to the public. A public official or authorized representative may inspect and copy his personnel records, except for material used to screen and test for employment. (2) Retired employees’ and retired public officials’ home addresses, home telephone numbers and other financial and nonfinancial membership records; and active and inactive member financial and membership records and mortgage portfolio loan documents maintained by the public employee retirement system. Financial statements prepared by retirement system staff, funding agents and custodians concerning the investment of assets of the public employee retirement system of Idaho are not considered confidential under this chapter. (3) Information and records submitted to the Idaho state lottery for the performance of background investigations of employees, lottery retailers and major procurement contractors; audit records of lottery retailers, vendors and major procurement contractors submitted to or performed by the Idaho state lottery; validation and security tests of the state lottery for lottery games; and business records and information submitted pursuant to sections 67-7412 (8) and (9) and 67-7421 (8) and (9), Idaho Code, and such documents and information obtained and held for the purposes of lottery security and investigative action as determined by lottery rules, unless the public interest in disclosure substantially outweighs the private need for protection from public disclosure. (4) Records of
74-107
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-107. Records exempt from disclosure — Trade secrets, production records, appraisals, bids, proprietary information, tax commission, unclaimed property, petroleum clean water trust fund. The following records are exempt from disclosure: (1) Trade secrets including those contained in response to public agency requests for proposal, requests for clarification, requests for information and similar requests. Trade secrets as used in this section means information, including a formula, pattern, compilation, program, computer program, device, method, technique, process, or unpublished or in-progress research that: (a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (2) Production records, housing production, rental and financing records, sale or purchase records, catch records, mortgage portfolio loan documents, or similar business records of a private concern or enterprise required by law to be submitted to or inspected by a public agency or submitted to or otherwise obtained by an independent public body corporate and politic. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding. (3) Records relating to the appraisal of real property, timber or mineral rights prior to its acquisition, sale or lease by a public agency. (4) Any estimate prepared by a public agency that details the cost of a public project until such time as disclosed or bids are opened, or upon award of the contract for construction of the public project. (5) Examination, operating or condition reports and all documents relating thereto, prepared by or supplied to any public agency responsible for the regulation or supervision of financial institutions including, but not limited to, banks, savings and loan associations, regulated lenders, business and industrial development corporations, credit unions, and insurance companies, or for the regulation or supervision of the issuance of securities. (6) Records gathered by a local agency or the Idaho department of commerce, as described in chapter 47, title 67 , Idaho Code, for the specific purpose of assisting a person to locate, maintain, invest in, or expand business operations in the state of Idaho. (7) Shipping and marketing records of commodity commissions used to evaluate marketing and advertising strategies and the names and addresses of growers and shippers maintained by commodity commissions. (8) Financial statements and business information and reports submitted by a legal entity to a port district organized under title 70 , Idaho Code, in connection with a business agreement, or wit
74-108
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-108. Exemptions from disclosure — Archaeological, endangered species, libraries, licensing exams. The following records are exempt from disclosure: (1) Records, maps or other records identifying the location of archaeological or geophysical sites or endangered species, if not already known to the general public. (2) Archaeological and geologic records concerning exploratory drilling, logging, mining and other excavation, when such records are required to be filed by statute for the time provided by statute. (3) Documents and data related to oil and gas production submitted to the department of lands or the oil and gas conservation commission under the provisions of chapter 3, title 47 , Idaho Code, provided that the records qualify for confidential status under section 47-327 , Idaho Code, under the conditions and for the time provided by statute. (4) The records of a library that, when examined alone or when examined with other public records, would reveal the identity of the library patron checking out, requesting, or using an item from a library. (5) The material of a library, museum or archive that has been contributed by a private person, to the extent of any limitation that is a condition of the contribution. (6) Test questions, scoring keys, and other data used to administer a licensing examination or an employment, academic, or other examination or testing procedure before the examination is given if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected. (7) Land management plans required for voluntary stewardship agreements entered into pursuant to law and written agreements relating to the conservation of all species of sage grouse entered into voluntarily by owners or occupiers of land with a soil conservation district. (8) Records identifying telemetry frequencies, remote camera locations, or precise or specific locations of any individual terrestrial wildlife, including but not limited to global positioning system, telemetry, or remote camera data. A state agency’s sharing of such records on an individual case basis for agency or regulatory environmental reviews or management of wildlife damage or populations does not constitute a waiver of this exemption. This exemption does not apply to records identifying aggregated or otherwise generalized locations of individual terrestrial wildlife or populations. History: [74-108, added 2015, ch. 140, sec. 5, p. 359; am. 2015, ch. 300, sec. 1, p. 1181; am. 2017, ch. 271, sec. 28, p. 708; am. 2024, ch. 25, sec. 1, p. 178.]
74-109
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-109. Records exempt from disclosure — Draft legislation, research, personal communications, personally identifying information, work papers, and draft redistricting plans. The following records are exempt from disclosure: (1) Records consisting of draft legislation and documents related to draft legislation, including requests for research or analysis submitted to the legislative services office by a member of the Idaho legislature and any documents related to such request. (2) Records consisting of personal communication by a member of the Idaho legislature or between members of the Idaho legislature that does not relate to the conduct or administration of the public’s business. (3) Personally identifying information relating to a private citizen contained in a writing to or from a member of the Idaho legislature. As used in this subsection, private citizen does not include a lobbyist registered with the office of the secretary of state, a public official, or an individual who is communicating on behalf of an organization. As used in this subsection, public official has the same meaning as in section 74-101 (12), Idaho Code, except that it does not include elected or appointed members of the Idaho legislature and legislative staff. (4) Records consisting of or that are related to the work papers in the possession of the director of legislative performance evaluations prior to the release of the final performance evaluation. (5) Records consisting of or that are related to the work papers in the possession of the division of legislative audits prior to release of the related final audit. (6) Records consisting of draft congressional and legislative redistricting plans and documents specifically related to such draft redistricting plans or research requests submitted to the commission staff by a member of the commission for reapportionment for the purpose of placing such draft redistricting plan into form suitable for presentation to the full membership of the commission, unless the individual commission member having submitted or requested such plans or research agrees to waive the provisions of confidentiality provided by this subsection. History: [74-109, added 2015, ch. 140, sec. 5, p. 360; am. 2020, ch. 338, sec. 4, p. 990.]
74-110
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-110. Exemption from disclosure — Records of court proceedings regarding judicial authorization of abortion procedures for minors. In accordance with section 18-609A , Idaho Code, the following records are exempt from public disclosure: all records contained in court files of judicial proceedings arising under section 18-609A , Idaho Code, are exempt from disclosure. History: [74-110, added 2015, ch. 140, sec. 5, p. 360.]
74-111
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-111. Exemption from disclosure — Records related to the uniform securities act. Except as otherwise determined by the director of the department of finance pursuant to section 30-14-607 (c), Idaho Code, the following records are exempt from disclosure: (1) A record obtained or created by the director of the department of finance or a representative of the director in connection with an audit or inspection under section 30-14-411 (d), Idaho Code, or an investigation under section 30-14-602 , Idaho Code; (2) A part of a record filed in connection with a registration statement under section 30-14-301 , Idaho Code, and sections 30-14-303 through 30-14-305 , Idaho Code, or a record under section 30-14-411 (d), Idaho Code, that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law; (3) A record that is not required to be provided to the director of the department of finance or filed under chapter 14, title 30 , Idaho Code, and is provided to the director only on the condition that the record will not be subject to public examination or disclosure; (4) A nonpublic record received from a person specified in section 30-14-608 (a), Idaho Code; and (5) Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed pursuant to chapter 14, title 30 , Idaho Code. History: [74-111, added 2015, ch. 140, sec. 5, p. 361.]
74-112
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-112. Exempt and nonexempt public records to be separated. If any public record contains material which is not exempt from disclosure as well as material which is exempt from disclosure, the public agency shall, upon receipt of a request for disclosure, separate the exempt and nonexempt material and make the nonexempt material available for examination, provided that a denial of a request to copy nonexempt material in a public record shall not be based upon the fact that such nonexempt material is contained in the same public record as the exempt material. History: [74-112, added 2015, ch. 140, sec. 5, p. 361; am. 2022, ch. 306, sec. 6, p. 986.]
74-113
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-113. Access to records about a person by a person. (1) A person may inspect and copy the records of a public agency pertaining to that person, even if the record is otherwise exempt from public disclosure. (2) A person may request in writing an amendment of any record pertaining to that person. Within ten (10) days of the receipt of the request, the public agency shall either: (a) Make any correction of any portion of the record which the person establishes is not accurate, relevant, or complete; or (b) Inform the person in writing of the refusal to amend in accordance with the request and the reasons for the refusal, and indicate clearly the person’s right to appeal the refusal and the time period for doing so. The procedures for appealing a refusal to amend shall be the same as those set forth in sections 74-115 and 74-116 , Idaho Code, and the court may award reasonable costs and attorney’s fees to the prevailing party or parties, if it finds that the request for amendment or refusal to amend was frivolously pursued. (3) The right to inspect and amend records pertaining to oneself does not include the right to review: (a) Otherwise exempt investigatory records of a public agency if the investigation is ongoing; (b) Information that is compiled in reasonable anticipation of a civil action or proceeding which is not otherwise discoverable; (c) The information relates to adoption records; (d) Information which is otherwise exempt from disclosure by statute or court rule; (e) Records of a prisoner maintained by the state or local agency having custody of the prisoner or formerly having custody of the prisoner or by the commission of pardons and parole. History: [74-113, added 2015, ch. 140, sec. 5, p. 361; am. 2022, ch. 306, sec. 7, p. 986.]
74-114
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-114. Access to air quality, water quality and hazardous waste records — Protection of trade secrets. (1) To the extent required by the federal clean air act, the federal clean water act and the resource conservation and recovery act for state primacy over any delegated or authorized programs, even if the record is otherwise exempt from disclosure under this chapter, any person may inspect and copy: (a) Air pollution emission data; (b) The content of any title V operating permit; (c) The name and address of any Idaho pollutant discharge elimination system (IPDES) applicant or permittee; (d) The content of any IPDES permit; (e) IPDES permit applications, and information required to be submitted by IPDES application forms, whether the information is submitted on the application forms themselves or in any attachments used to supply information required by the application forms; (f) Effluent data or a standard or limitation, as defined in 40 CFR 2.302; (g) The name and address of any applicant or permittee for a hazardous waste treatment, storage, or disposal facility permit pursuant to chapter 44, title 39 , Idaho Code; and (h) Any other record required to be provided to or obtained by the department of environmental quality pursuant to the federal clean air act, the federal clean water act and the resource conservation and recovery act, and the implementing state statutes, federal regulations and state rules, unless the record is a trade secret. (2) For purposes of this section, a record, or a portion of the record, is a trade secret if the information contained in the record is a trade secret within the meaning of the Idaho trade secrets act, sections 48-801 , et seq., Idaho Code, including commercial or financial information which, if disclosed, could cause substantial competitive harm to the person from whom the record was obtained. (3) Any record, or portion of a record, provided to or obtained by the department of environmental quality and identified by the person providing the record as a trade secret shall not be disclosed to the public and shall be kept confidential according to the procedures established in this section. (4) Nothing in this section shall be construed as limiting the disclosure of a trade secret by the department of environmental quality: (a) To any officer, employee, or authorized representative of the state or the United States, under a continuing claim of confidentiality, as necessary to carry out the provisions of state or federal law, or when relevant to any proceeding thereunder; (b) As determined necessary by the director of the department of environmental quality (under a continuing confidentiality claim) to protect the public health and safety from imminent and substantial endangerment; (c) As required by state or federal law, including section 74-115 (3), Idaho Code, under a continuing claim of confidentiality and subsection (1) of this sec
74-115
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-115. Proceedings to enforce right to examine or to receive a copy of records — Retention of disputed records. (1) The sole remedy for a person aggrieved by the denial of a request for disclosure is to institute proceedings in the district court of the county where the records or some part thereof are located, to compel the public agency to make the information available for public inspection in accordance with the provisions of this chapter. The petition contesting the public agency’s decision shall be filed within one hundred eighty (180) calendar days from the date of mailing of the notice of denial or partial denial by the public agency. In cases in which the records requested are claimed as exempt pursuant to section 74-107 (1) or (24), Idaho Code, the petitioner shall be required to name as a party and serve the person or entity that filed or provided such documents to the agency, and such person or entity shall have standing to oppose the request for disclosure and to support the decision of the agency to deny the request. The time for responsive pleadings and for hearings in such proceedings shall be set by the court at the earliest possible time, or in no event beyond twenty-eight (28) calendar days from the date of filing. (2) The public agency shall keep all documents or records in question until the end of the appeal period, until a decision has been rendered on the petition, or as otherwise statutorily provided, whichever is longer. (3) Nothing contained in this chapter shall limit the availability of documents and records for discovery in the normal course of judicial or administrative adjudicatory proceedings, subject to the law and rules of evidence and of discovery governing such proceedings. Additionally, in any criminal appeal or post-conviction civil action, this chapter shall not make available the contents of prosecution case files where such material has previously been provided to the defendant nor shall this chapter be available to supplement, augment, substitute or supplant discovery procedures in any other federal, civil or administrative proceeding. History: [74-115, added 2015, ch. 140, sec. 5, p. 363; am. 2022, ch. 306, sec. 9, p. 989.]
74-116
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-116. Order of the court — Court costs and attorney fees. (1) Whenever it appears that certain public records are being improperly withheld from a member of the public, the court shall order the public official charged with withholding the records to disclose the public record or show cause why he should not do so. The court shall decide the case after examining the pleadings filed by the parties and such oral arguments and additional evidence as the court may allow. The court may examine the record in camera in its discretion. (2) If the court finds that the public official’s decision to refuse disclosure is not justified, it shall order the public official to make the requested disclosure. If the court determines that the public official was justified in refusing to make the requested record available, he shall return the item to the public official without disclosing its content and shall enter an order supporting the decision refusing disclosure. In any such action, the court shall award reasonable costs and attorney fees to the prevailing party or parties, if it finds that the request or refusal to provide records was frivolously pursued. History: [74-116, added 2015, ch. 140, sec. 5, p. 364.]
74-117
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-117. Additional penalty. If the court finds that a public official has deliberately and in bad faith improperly refused a legitimate request for inspection or copying, a civil penalty shall be assessed against the public official in an amount not to exceed one thousand dollars ($1,000), which shall be paid into the general fund. History: [74-117, added 2015, ch. 140, sec. 5, p. 364; am. 2022, ch. 111, sec. 34, p. 395.]
74-118
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-118. Immunity. No public agency, public official, or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon the release of a public record governed by the provisions of this chapter if the public agency, public official, or custodian acted in good faith in attempting to comply with the provisions of this chapter. History: [74-118, added 2015, ch. 140, sec. 5, p. 364; am. 2022, ch. 306, sec. 10, p. 989.]
74-119
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-119. Agency guidelines. By January 1, 2019, every state agency shall adopt guidelines that identify the general subject matter of all public records kept or maintained by the state agency, the custodian or custodians, and the physical location of such documents. Public agencies shall designate at least one (1) person as custodian to receive public records requests and shall provide an alternate custodian or alternate custodians for contingencies. If a public agency has a website, the agency shall note the name and contact information of its custodian of records on its website and shall promptly update such information when it changes. History: [74-119, added 2015, ch. 140, sec. 5, p. 364; am. 2018, ch. 143, sec. 4, p. 298; am. 2022, ch. 306, sec. 11, p. 989.]
74-120
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-120. Prohibition on distribution or sale of mailing or telephone number lists — Penalty. (1) Except as provided in subsections (2), (3), (4), (5), (6), (7), (8), and (9) of this section, in order to protect the privacy of those who deal with public agencies: (a) No agency may distribute or sell for use as a mailing list or a telephone number list any list of persons without first securing the permission of those on the list; and (b) No list of persons prepared by the agency may be used as a mailing list or a telephone number list except by the agency or another agency without first securing the permission of those on the list. (2) Except as may be otherwise provided in this chapter, this section does not prevent an individual from compiling a mailing list or a telephone number list by examination or copying of public records, original documents or applications otherwise open to public inspection. (3) The provisions of this section do not apply to the lists of registered electors compiled pursuant to title 34 , Idaho Code, or to lists of the names of employees governed by chapter 53, title 67 , Idaho Code. (4) The provisions of this section shall not apply to agencies that issue occupational or professional licenses. (5) This section does not apply to the right of access by Idaho law enforcement agencies or, by purchase or otherwise, the right to access public records dealing with motor vehicle registration. (6) This section does not apply to a corporate information list developed by the office of the secretary of state containing the name, address, registered agent, officers and directors of corporations authorized to do business in this state or to a business information list developed by the department of commerce containing the name, address, telephone number or other relevant information of Idaho businesses or individuals requesting information regarding the state of Idaho or to business lists developed by the department of agriculture, market development division, used to promote food and agricultural products produced in Idaho. (7) This section does not apply to lists used for ordinary utility purposes that are requested by a person who supplies utility services in this state. Ordinary utility purposes, as used in this chapter only, do not include marketing or marketing research. (8) This section does not apply to lists used to give notice required by any statute, ordinance, rule, or law or by any governing agency. (9) This section does not apply to student directory information provided by colleges, universities, secondary schools and school districts to military recruiters for military recruiting purposes pursuant to the requirements of federal laws. (10) Nothing in this section shall prohibit the release of information to the state controller as the state social security administrator as provided in section 59-1101A , Idaho Code. (11) If a court finds that a pers
74-121
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-121. replevin — PUBLIC RECORDS — IMPROPER OR UNLAWFUL TRANSFER OR REMOVAL. (1) Public records of the state and/or territory of Idaho are the property of the citizens of the state in perpetuity and they may not be improperly or unlawfully transferred or removed from their proper custodian. For purposes of this section, the terms public record and record, or plurals thereof, shall have the same meaning as public record as provided in section 74-101 , Idaho Code. (2) For the purpose of this section, where public records of a county or local district thereof are involved, all references to the state archivist also refer to any responsible public official or records custodian and all references to the attorney general also refer to county prosecutors. (3) Whenever the state archivist or their designee has reasonable grounds to believe that records belonging to the state, county, or local district thereof are in the possession of a person or entity not authorized by law to possess those records, and such possession was acquired on or after July 1, 2011, he or she may issue a written notice demanding that person or entity to do either of the following within ten (10) calendar days of receiving the notice: (a) Return the records to the office of origin or the Idaho state archives; or (b) Respond in writing and declare why the records do not belong to the state or a local agency. (4) The notice and demand shall identify the records claimed to belong to the state or local agency with reasonable specificity, and shall specify that the state archivist may undertake legal action to recover the records if the person or entity fails to respond in writing within the required time or does not adequately demonstrate that the records do not belong to the state or a local agency. (5) If a person or entity that receives a written notice and demand from the state archivist pursuant to this chapter fails to deliver the described records, fails to respond to the notice and demand within the required time, or does not adequately demonstrate that the records do not belong to the state or a local agency, the state archivist may ask the attorney general to petition a court of competent jurisdiction for an order requiring the return of the records. (6) The court may issue any order necessary to protect the records from destruction, alteration, transfer, conveyance or alienation by the person or entity in possession of the records, and may order that the records be surrendered into the custody of the state archivist pending the court’s decision on the petition. (7) After a hearing, and upon a finding that the specified records are in the possession of a person or entity not authorized by law to possess the records, the court shall order the records to be delivered to the state archivist or other official designated by the court. (8) If the attorney general recovers a record under this section, the cou
74-122
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-122. Confidentiality language required in this chapter. On and after January 1, 2016, any statute which is added to the Idaho Code and provides for the confidentiality or closure of any public record or class of public records shall be placed in this chapter. Any statute which is added to the Idaho Code on and after January 1, 2016, and which provides for confidentiality or closure of a public record or class of public records and is located at a place other than this chapter shall be null, void and of no force and effect regarding the confidentiality or closure of the public record and such public record shall be open and available to the public for inspection as provided in this chapter. History: [74-122, added 2015, ch. 140, sec. 5, p. 366.]
74-123
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-123. Idaho code is property of the state of Idaho. (1) The Idaho Code is the property of the state of Idaho, and the state of Idaho and the taxpayers shall be deemed to have a copyright on the Idaho Code. If a person reproduces or distributes the Idaho Code for the purpose of direct or indirect commercial advantage, the person shall owe to the Idaho code commission, as the agent of the state of Idaho, a royalty fee in addition to the fee charged for copying the Idaho Code. Any person who reproduces or distributes the Idaho Code in violation of the provisions of this section shall be deemed to be an infringer of the state of Idaho’s copyright. The Idaho code commission, through the office of the attorney general, is entitled to institute an action for any infringement of that particular right committed while the Idaho code commission or its designated agent has custody of the Idaho Code. (2) A court having jurisdiction of a civil action arising under this section may grant such relief as it deems appropriate. At any time while an action under this section is pending, the court may order the impounding, on such terms as it deems reasonable, of all copies claimed to have been made or used in violation of the Idaho code commission’s copyright pursuant to this section. (3) An infringer of the state of Idaho’s copyright pursuant to this section is liable for any profits the infringer has incurred by obtaining the Idaho Code for commercial purposes or is liable for statutory damages as provided in subsection (4) of this section. (4) The Idaho code commission, as agent of the copyright owner, may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to the Idaho Code for which any one (1) infringer is liable individually, or for which any two (2) or more infringers are liable jointly and severally, in a sum of not less than two hundred fifty dollars (10,000), as the court considers just. (5) In any civil action under this section, the court may allow the recovery of full costs by or against any party and may also award reasonable attorney’s fees to the prevailing party as part of the costs. (6) The Idaho code commission is hereby authorized to license and charge fees for the use of the Idaho Code. The Idaho code commission may grant a license for the use of the Idaho Code to a public agency in the state and waive all or a portion of the fees. All fees recovered by the Idaho code commission shall be deposited in the general fund. History: [74-123, added 2015, ch. 140, sec. 5, p. 367; am. 2022, ch. 111, sec. 36, p. 396.]
74-124
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-124. Exemptions from disclosure — Confidentiality. (1) Notwithstanding any statute or rule of court to the contrary, nothing in this chapter nor chapter 10, title 59 , Idaho Code, shall be construed to require disclosure of investigatory records compiled for law enforcement purposes by a law enforcement agency, but such exemption from disclosure applies only to the extent that the production of such records would: (a) Interfere with enforcement proceedings; (b) Deprive a person of a right to a fair trial or an impartial adjudication; (c) Constitute an unwarranted invasion of personal privacy; (d) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement agency in the course of a criminal investigation, confidential information furnished only by the confidential source; (e) Disclose investigative techniques and procedures; (f) Endanger the life or physical safety of law enforcement personnel; or (g) Disclose the identity of a reporting party maintained by any law enforcement entity or the department of health and welfare relating to the investigation of child abuse, neglect or abandonment unless the reporting party consents in writing to the disclosure or the disclosure of the reporting party’s identity is required in any administrative or judicial proceeding. (2) Notwithstanding subsection (1) of this section, any person involved in a motor vehicle collision which is investigated by a law enforcement agency, that person’s authorized legal representative and the insurer shall have a right to a complete, unaltered copy of the impact report, or its successors, and the final report prepared by the agency. (3) An inactive investigatory record shall be disclosed unless the disclosure would violate the provisions of subsection (1)(a) through (g) of this section. Investigatory record as used herein means information with respect to an identifiable person or group of persons compiled by a law enforcement agency in the course of conducting an investigation of a specific act or omission and shall not include the following information: (a) The time, date, location, and nature and description of a reported crime, accident or incident; (b) The name, sex, age, and address of a person arrested, except as otherwise provided by law; (c) The time, date, and location of the incident and of the arrest; (d) The crime charged; (e) Documents given or required by law to be given to the person arrested; (f) Informations and indictments except as otherwise provided by law; and (g) Criminal history reports. As used herein, the term law enforcement agency means the office of the attorney general, the office of the state controller, the Idaho state police, the office of any prosecuting attorney, sheriff or municipal police department. (4) Whenever it is made to appear by verified petition to the district court of the county where the records or
74-125
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-125. Evidence from preliminary hearing — Admission — Requirements. Prior to admitting into evidence recorded testimony from a preliminary hearing, the court must find that the testimony offered is: 1. Offered as evidence of a material fact and that the testimony is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and 2. That the witness is, after diligent and good faith attempts to locate, unavailable for the hearing; and 3. That at the preliminary hearing, the party against whom the admission of the testimony is sought had an adequate opportunity to prepare and cross-examine the proffered testimony. History: [74-125, added 2015, ch. 140, sec. 5, p. 368.]
74-126
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-126. public records requests — legislature. (1) A public records request for the legislature shall be made to the speaker of the house of representatives and the president pro tempore of the senate. A copy of such request shall be contemporaneously submitted to the legislative services office. (2) A public records request for the house of representatives shall be made to the speaker of the house of representatives, and a copy of such request shall be contemporaneously submitted to the legislative services office. A public records request for the senate shall be made to the president pro tempore of the senate, and a copy of such request shall be contemporaneously submitted to the legislative services office. (3) A public records request for an individual legislator shall be made to such individual legislator, and a copy of such request shall be contemporaneously submitted to the legislative services office. (4) For purposes of this section, contemporaneously means that a copy of a request for public records shall be submitted to the legislative services office on the same business day as the request is made. (5) The legislature, either house of the legislature, or an individual legislator shall not be obligated to respond to a public records request that does not comply with the requirements of this section. History: [74-126, added 2022, ch. 306, sec. 14, p. 992.]
74-127
TITLE 74 TRANSPARENT AND ETHICAL GOVERNMENT CHAPTER 1 PUBLIC RECORDS ACT 74-127. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act. History: [(74-127) 74-126, added 2015, ch. 140, sec. 5, p. 369; am. and redesig. 2022, ch. 306, sec. 15, p. 992.]