View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2005IN 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