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H0718......................................................by STATE AFFAIRS
PUBLIC RECORDS - Amends existing law relating to public records to provide
a limitation on a fee that may be charged; 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 an electronic
copy is specifically requested; to provide that a request for and delivery
of a public record may be conducted by electronic mail; and to provide an
exception to the requirement that a public record must be provided within a
specified time.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to St Aff
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 67-1-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
Henbest, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood
NAYS -- Henderson
Absent and excused -- Crow, Mr. Speaker
Floor Sponsor - Hart
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - McKenzie
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 103
Effective: 03/22/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 718
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-338, IDAHO CODE, TO PROVIDE A
3 LIMITATION ON A FEE THAT MAY BE CHARGED, TO PROVIDE THAT STATISTICAL
4 INFORMATION DESCRIPTIVE OF AN IDENTIFIABLE PERSON MAY BE DISCLOSED UNLESS
5 PROHIBITED BY LAW, TO AUTHORIZE A PUBLIC AGENCY OR INDEPENDENT PUBLIC BODY
6 CORPORATE AND POLITIC TO PROVIDE A COPY OF A PUBLIC RECORD IN ELECTRONIC
7 FORM IF THE RECORD IS AVAILABLE IN ELECTRONIC FORM AND AN ELECTRONIC COPY
8 IS SPECIFICALLY REQUESTED, TO PROVIDE THAT A REQUEST FOR AND DELIVERY OF A
9 PUBLIC RECORD MAY BE CONDUCTED BY ELECTRONIC MAIL AND TO MAKE A TECHNICAL
10 CORRECTION; AMENDING SECTION 9-339, IDAHO CODE, TO PROVIDE AN EXCEPTION TO
11 THE REQUIREMENT TO PROVIDE A PUBLIC RECORD WITHIN A SPECIFIED TIME; AND
12 DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 9-338, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 9-338. PUBLIC RECORDS -- RIGHT TO EXAMINE. (1) Every person has a right
17 to examine and take a copy of any public record of this state and there is a
18 presumption that all public records in Idaho are open at all reasonable times
19 for inspection except as otherwise expressly provided by statute.
20 (2) The right to copy public records shall include the right to make pho-
21 tographs or photographic or other copies while the records are in the posses-
22 sion of the custodian of the records using equipment provided by the public
23 agency or independent public body corporate and politic or using equipment
24 designated by the custodian.
25 (3) Additionally, the custodian of any public record shall give the per-
26 son, on demand, a certified copy of it if the record is of a nature permitting
27 such copying or shall furnish reasonable opportunity to inspect or copy such
28 record.
29 (4) The custodian shall make no inquiry of any person who applies for a
30 public record, except to verify the identity of a person requesting a record
31 in accordance with section 9-342, Idaho Code, to ensure that the requested
32 record or information will not be used for purposes of a mailing or telephone
33 list prohibited by section 9-348, Idaho Code, or as otherwise provided by law,
34 and except as required for purposes of protecting personal information from
35 disclosure under chapter 2, title 49, Idaho Code, and federal law. The person
36 may be required to make a written request and provide their name, a mailing
37 address and telephone number. , and except as required for purposes of pro-
38 tecting personal information from disclosure under chapter 2, title 49, Idaho
39 Code, and federal law
40 (5) The custodian shall not review, examine or scrutinize any copy, pho-
41 tograph or memoranda in the possession of any such person and shall extend to
42 the person all reasonable comfort and facility for the full exercise of the
43 right granted under this act.
2
1 (6) Nothing herein contained shall prevent the custodian from maintaining
2 such vigilance as is required to prevent alteration of any public record while
3 it is being examined.
4 (7) Examination of public records under the authority of this section
5 must be conducted during regular office or working hours unless the custodian
6 shall authorize examination of records in other than regular office or working
7 hours. In this event, the persons designated to represent the custodian during
8 such examination shall be entitled to reasonable compensation to be paid to
9 them by the public agency or independent public body corporate and politic
10 having custody of such records, out of funds provided in advance by the person
11 examining such records, at other than regular office or working hours.
12 (8) (a) A public agency or independent public body corporate and politic
13 or public official may establish a copying fee schedule. The fee may not
14 exceed the actual cost to the agency of copying the record if another fee
15 is not otherwise provided by law. The actual cost shall not include any
16 administrative or labor costs resulting from locating and providing a copy
17 of the public record; provided however, that a public agency or indepen-
18 dent public body corporate and politic or public official may establish a
19 fee to recover the actual labor cost associated with locating and copying
20 documents if:
21 (i) The request is for more than one hundred (100) pages of paper
22 records; or
23 (ii) The request includes records from which nonpublic information
24 must be deleted; or
25 (iii) The actual labor associated with locating and copying documents
26 for a request exceeds two (2) person hours.
27 (b) For providing a duplicate of a computer tape, computer disc, micro-
28 film or similar or analogous record system containing public record infor-
29 mation, a public agency or independent public body corporate and politic
30 or public official may charge a fee, uniform to all persons that does not
31 exceed the sum of the following:
32 (i) The agency's direct cost of copying the information in that
33 form;
34 (ii) The standard cost, if any, for selling the same information in
35 the form of a publication;
36 (iii) The agency's cost of conversion, or the cost of conversion
37 charged by a third party, if the existing electronic record is con-
38 verted to another electronic form.
39 The custodian may require advance payment of the cost of copying. Any
40 money received by the public agency or independent public body corporate
41 and politic shall be credited to the account for which the expense being
42 reimbursed was or will be charged, and such funds may be expended by the
43 agency as part of its appropriation from that fund.
44 (c) The public agency or independent public body corporate and politic
45 may not charge any cost or fee for copies or labor when the requester
46 demonstrates either:
47 (i) The inability to pay; or
48 (ii) That the public's interest or the public's understanding of the
49 operations or activities of government or its records would suffer by
50 the assessment or collection of any fee.
51 (9) A public agency or independent public body corporate and politic
52 shall not prevent the examination or copying of a public record by contracting
53 with a nongovernmental body to perform any of its duties or functions.
54 (10) Nothing contained herein shall prevent a public agency or independent
55 public body corporate and politic from disclosing statistical information that
3
1 is not descriptive of an identifiable person or persons, unless prohibited by
2 law.
3 (11) Nothing contained herein shall prevent a public agency or independent
4 public body corporate and politic from providing a copy of a public record in
5 electronic form if the record is available in electronic form and if the per-
6 son specifically requests an electronic copy. A request for a public record
7 and delivery of the public record may be conducted by electronic mail.
8 SECTION 2. That Section 9-339, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 9-339. RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS. (1) A pub-
11 lic agency or independent public body corporate and politic shall either grant
12 or deny a person's request to examine or copy public records within three (3)
13 working days of the date of the receipt of the request for examination or
14 copying. If it is determined by employees of the public agency or independent
15 public body corporate and politic that a longer period of time is needed to
16 locate or retrieve the public records, the public agency or independent public
17 body corporate and politic shall so notify in writing the person requesting to
18 examine or copy the records and shall provide the public records to the person
19 no later than ten (10) working days following the person's request. Provided
20 however, if it is determined the existing electronic record requested will
21 first have to be converted to another electronic format by the agency or by a
22 third party and that such conversion cannot be completed within ten (10) work-
23 ing days, the agency shall so notify in writing the person requesting to exam-
24 ine or copy the records. The agency shall provide the converted public record
25 at a time mutually agreed upon between the agency and the requester, with due
26 consideration given to any limitations that may exist due to the process of
27 conversion or due to the use of a third party to make the conversion.
28 (2) If the public agency or independent public body corporate and politic
29 fails to respond, the request shall be deemed to be denied within ten (10)
30 working days following the request.
31 (3) If the public agency or independent public body corporate and politic
32 denies the person's request for examination or copying the public records or
33 denies in part and grants in part the person's request for examination and
34 copying of the public records, the person legally responsible for administer-
35 ing the public agency or independent public body corporate and politic or that
36 person's designee shall notify the person in writing of the denial or partial
37 denial of the request for the public record.
38 (4) The notice of denial or partial denial shall state that the attorney
39 for the public agency or independent public body corporate and politic has
40 reviewed the request or shall state that the public agency or independent pub-
41 lic body corporate and politic has had an opportunity to consult with an
42 attorney regarding the request for examination or copying of a record and has
43 chosen not to do so. The notice of denial or partial denial also shall indi-
44 cate the statutory authority for the denial and indicate clearly the person's
45 right to appeal the denial or partial denial and the time periods for doing
46 so.
47 SECTION 3. An emergency existing therefor, which emergency is hereby
48 declared to exist, this act shall be in full force and effect on and after its
49 passage and approval.
STATEMENT OF PURPOSE
RS 16063
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 to 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 718