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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
]]]] 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, Idaho37 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 notdescriptive 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 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