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HOUSE BILL NO. 218
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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
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
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
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
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-
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
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
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
Name: Representative Phil Hart
STATEMENT OF PURPOSE/FISCAL NOTE H 218