2005 Legislation
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HOUSE BILL NO. 218 – Public records, electronic form

HOUSE BILL NO. 218

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Bill Status



H0218......................................................by STATE AFFAIRS
PUBLIC RECORDS - Amends existing law to provide that statistical
information descriptive of an identifiable person may be disclosed unless
prohibited by law; to authorize a public agency or independent public body
corporate and politic to provide a copy of a public record in electronic
form if the record is available in electronic form or can be converted to
an electronic format using standard marketplace software, and if the person
specifically requests an electronic copy; and to provide that a request for
and delivery of a public record may be conducted by electronic mail.
                                                                        
02/15    House intro - 1st rdg - to printing
02/16    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. 218
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-338,  IDAHO  CODE,  TO  PROVIDE
  3        THAT  STATISTICAL INFORMATION DESCRIPTIVE OF AN IDENTIFIABLE PERSON MAY BE
  4        DISCLOSED UNLESS PROHIBITED BY LAW, TO AUTHORIZE A PUBLIC AGENCY OR  INDE-
  5        PENDENT  PUBLIC  BODY  CORPORATE AND POLITIC TO PROVIDE A COPY OF A PUBLIC
  6        RECORD IN ELECTRONIC FORM IF THE RECORD IS AVAILABLE IN ELECTRONIC FORM OR
  7        CAN BE CONVERTED TO AN ELECTRONIC FORMAT USING STANDARD MARKETPLACE  SOFT-
  8        WARE AND AN ELECTRONIC COPY IS SPECIFICALLY REQUESTED, AND TO PROVIDE THAT
  9        A  REQUEST  FOR  AND DELIVERY OF A PUBLIC RECORD MAY BE CONDUCTED BY ELEC-
 10        TRONIC MAIL AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 9-338, Idaho Code, be, and  the  same  is  hereby
 13    amended to read as follows:
                                                                        
 14        9-338.  PUBLIC  RECORDS  -- RIGHT TO EXAMINE. (1) Every person has a right
 15    to examine and take a copy of any public record of this state and there  is  a
 16    presumption  that all public records in Idaho are open at all reasonable times
 17    for inspection except as otherwise expressly provided by statute.
 18        (2)  The right to copy public records shall include the right to make pho-
 19    tographs or photographic or other copies while the records are in the  posses-
 20    sion  of  the  custodian of the records using equipment provided by the public
 21    agency or independent public body corporate and  politic  or  using  equipment
 22    designated by the custodian.
 23        (3)  Additionally,  the custodian of any public record shall give the per-
 24    son, on demand, a certified copy of it if the record is of a nature permitting
 25    such copying or shall furnish reasonable opportunity to inspect or  copy  such
 26    record.
 27        (4)  The  custodian  shall make no inquiry of any person who applies for a
 28    public record, except to verify the identity of a person requesting  a  record
 29    in  accordance  with  section  9-342, Idaho Code, to ensure that the requested
 30    record or information will not be used for purposes of a mailing or  telephone
 31    list prohibited by section 9-348, Idaho Code, or as otherwise provided by law,
 32    and  except  as  required for purposes of protecting personal information from
 33    disclosure under chapter 2, title 49, Idaho Code, and federal law. The  person
 34    may  be  required  to make a written request and provide their name, a mailing
 35    address and telephone number. , and except as required for  purposes  of  pro-
 36    tecting  personal information from disclosure under chapter 2, title 49, Idaho
 37    Code, and federal law.
 38        (5)  The custodian shall not review, examine or scrutinize any copy,  pho-
 39    tograph  or memoranda in the possession of any such person and shall extend to
 40    the person all reasonable comfort and facility for the full  exercise  of  the
 41    right granted under this act.
 42        (6)  Nothing herein contained shall prevent the custodian from maintaining
 43    such vigilance as is required to prevent alteration of any public record while
                                                                        
                                           2
                                                                        
  1    it is being examined.
  2        (7)  Examination  of  public  records  under the authority of this section
  3    must be conducted during regular office or working hours unless the  custodian
  4    shall authorize examination of records in other than regular office or working
  5    hours. In this event, the persons designated to represent the custodian during
  6    such  examination  shall  be entitled to reasonable compensation to be paid to
  7    them by the public agency or independent public body corporate  and    politic
  8    having custody of such records, out of funds provided in advance by the person
  9    examining such records, at other than regular office or working hours.
 10        (8)  (a)  A public agency or independent public body corporate and politic
 11        or  public  official may establish a copying fee schedule. The fee may not
 12        exceed the actual cost to the agency of copying the record if another  fee
 13        is  not  otherwise  provided by law. The actual cost shall not include any
 14        administrative or labor costs resulting from locating and providing a copy
 15        of the public record; provided however, that a public agency  or  indepen-
 16        dent  public body corporate and politic or public official may establish a
 17        fee to recover the actual labor cost associated with locating and  copying
 18        documents if:
 19             (i)   The  request  is for more than one hundred (100) pages of paper
 20             records; or
 21             (ii)  The request includes records from which  nonpublic  information
 22             must be deleted; or
 23             (iii) The actual labor associated with locating and copying documents
 24             for a request exceeds two (2) person  hours.
 25        (b)  For  providing  a duplicate of a computer tape, computer disc, micro-
 26        film or similar or analogous record system containing public record infor-
 27        mation, a public agency or independent public body corporate  and  politic
 28        or  public official may charge a fee, uniform to all persons that does not
 29        exceed the sum of the following:
 30             (i)   The agency's direct cost of copying  the  information  in  that
 31             form;
 32             (ii)  The  standard cost, if any, for selling the same information in
 33             the form of a publication.
 34        The custodian may require advance payment of  the  cost  of  copying.  Any
 35        money  received  by the public agency or independent public body corporate
 36        and politic shall be credited to the account for which the  expense  being
 37        reimbursed  was  or will be charged, and such funds may be expended by the
 38        agency as part of its appropriation from that fund.
 39        (c)  The public agency or independent public body  corporate  and  politic
 40        may  not  charge  any  cost  or fee for copies or labor when the requester
 41        demonstrates either:
 42             (i)   The inability to pay; or
 43             (ii)  That the public's interest or the public's understanding of the
 44             operations or activities of government or its records would suffer by
 45             the assessment or collection of any fee.
 46        (9)  A public agency or independent  public  body  corporate  and  politic
 47    shall not prevent the examination or copying of a public record by contracting
 48    with a nongovernmental body to perform any of its duties or functions.
 49        (10) Nothing contained herein shall prevent a public agency or independent
 50    public body corporate and politic from disclosing statistical information that
 51    is  not descriptive of an identifiable person or persons, unless prohibited by
 52    law.
 53        (11) Nothing contained herein shall prevent a public agency or independent
 54    public body corporate and politic from providing a copy of a public record  in
 55    electronic  form  if the record is available in electronic form or can be con-
                                                                        
                                           3
                                                                        
  1    verted to an electronic format using standard marketplace software and if  the
  2    person specifically requests an electronic copy. A request for a public record
  3    and delivery of the public record may be conducted by electronic mail.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14867

This legislation will provide for the transmittal of public
records in electronic form when requested by any person who has a
right to examine such public record.  Requests for such public
records may also be made in electronic form.  When necessary,
proof of identification of the requestor may still be in the more
traditional form such as a photocopy of a passport or driver's
license so that the agency can verify the identity of the
requestor.


                           FISCAL NOTE

There is no additional fiscal impact on the state.  It can be
expected that the transmission of public records in electronic
form will in most cases save the state money for photocopying and
postage.



Contact
Name:  Representative Phil Hart 
Phone: 208-332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                      H 218