2005 Legislation
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HOUSE BILL NO. 61 – Public record request/response time

HOUSE BILL NO. 61

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                       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