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H0061......................................................by STATE AFFAIRS
PUBLIC RECORD REQUESTS - Amends existing law relating to a request for
examination of public records to provide that a public agency, commission
or board with no full-time clerical or administrative employees shall have
twenty working days to grant or deny a person's request and shall provide
the records within thirty working days of the request.
01/28 House intro - 1st rdg - to printing
01/31 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 61
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS; AMENDING
3 SECTION 9-339, IDAHO CODE, TO PROVIDE THAT A PUBLIC AGENCY, COMMISSION OR
4 BOARD WITH NO FULL-TIME CLERICAL OR ADMINISTRATIVE EMPLOYEES SHALL HAVE
5 TWENTY WORKING DAYS TO GRANT OR DENY A PERSON'S REQUEST AND SHALL PROVIDE
6 THE RECORDS WITHIN THIRTY WORKING DAYS OF THE REQUEST; AND DECLARING AN
7 EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 9-339, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 9-339. RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS. (1) A pub-
12 lic agency or independent public body corporate and politic shall either grant
13 or deny a person's request to examine or copy public records within three (3)
14 working days of the date of the receipt of the request for examination or
15 copying. If it is determined by employees of the public agency or independent
16 public body corporate and politic that a longer period of time is needed to
17 locate or retrieve the public records, the public agency or independent public
18 body corporate and politic shall so notify in writing the person requesting to
19 examine or copy the records and shall provide the public records to the person
20 no later than ten (10) working days following the person's request. Provided
21 however, a public agency, commission or board that does not have any full-time
22 clerical or administrative employees or contract for full-time services shall
23 either grant or deny a person's request to examine or copy public records
24 within twenty (20) working days of the date of receipt of the request for
25 examination or copying. If it is determined that a longer period of time is
26 needed to locate or retrieve the public records, the public agency, commission
27 or board shall provide the records no later than thirty (30) working days fol-
28 lowing the person's request.
29 (2) If the public agency or independent public body corporate and politic
30 fails to respond, the request shall be deemed to be denied within ten (10)
31 working days following the request.
32 (3) If the public agency or independent public body corporate and politic
33 denies the person's request for examination or copying the public records or
34 denies in part and grants in part the person's request for examination and
35 copying of the public records, the person legally responsible for administer-
36 ing the public agency or independent public body corporate and politic or that
37 person's designee shall notify the person in writing of the denial or partial
38 denial of the request for the public record.
39 (4) The notice of denial or partial denial shall state that the attorney
40 for the public agency or independent public body corporate and politic has
41 reviewed the request or shall state that the public agency or independent pub-
42 lic body corporate and politic has had an opportunity to consult with an
43 attorney regarding the request for examination or copying of a record and has
2
1 chosen not to do so. The notice of denial or partial denial also shall indi-
2 cate the statutory authority for the denial and indicate clearly the person's
3 right to appeal the denial or partial denial and the time periods for doing
4 so.
5 SECTION 2. An emergency existing therefor, which emergency is hereby
6 declared to exist, this act shall be in full force and effect on and after its
7 passage and approval.
STATEMENT OF PURPOSE
RS 14665C1
Small public agencies which do not have full time clerical or
administrative staff cannot comply with the deadlines as set
forth in the Title 9 requests for public records. This
legislation provides that a public agency, commission or board
with no full time clerical or administrative staff shall have
twenty (20) days to grant or deny a person's request for
examination of public records and shall provide the records
within thirty (30) days of the request.
FISCAL NOTE
There is no impact on the general fund. The additional time may
save attorney fees or other costs to the agencies.
Contact
Name: Bob Corbell, Management Associates LLC
Phone: 208-442-4423
STATEMENT OF PURPOSE/FISCAL NOTE H 61