Summary — H 253 (Session Law Chapter 298) — Public Records (Idaho)
Status and key dates
- Introduced: February 14, 2025
- Enacted / Signed by Governor: April 4, 2025
- Effective date: July 1, 2025
- Chapters amended: Idaho Code §§ 74-101, 74-102, 74-103 and 67-4126 (technical correction)
Purpose
- To modify Idaho’s public records law to (1) give public agencies additional time to respond to records requests from nonresidents and (2) permit a different fee schedule for fulfilling nonresident requests that more closely reflects actual agency costs.
Primary provisions and changes
- Definitions: Clarifies and retains definitions (including an explicit definition of “resident” — domiciled in Idaho continuously for at least 30 days; excludes full‑time out‑of‑state students; spouse/dependents residing with the domiciled person are included).
- Request form and verification: Allows a public agency to require written requests that describe the records (including specific date ranges) and to collect the requester’s name, mailing address, e‑mail, telephone and a written declaration, under oath or affirmation, stating whether the requester is an Idaho resident. Requests and delivery may be made by email.
- Response timing:
- Establishes the standard response timeline (as enacted) of 21 days for routine requests.
- Provides a longer timeframe for nonresident requests — up to 35 working days following a request from a nonresident (with potential extensions for unusual or exigent circumstances).
- Fees:
- Permits public agencies to adopt a separate fee schedule for nonresident requesters.
- Allows nonresident fees to be set “commensurate with actual costs” of fulfilling the request from start to finish, enabling recovery of a greater share of processing costs when appropriate.
- Procedural/technical updates: Amends related provisions on request/response processes and makes a code reference correction in § 67‑4126.
Who is affected
- Public agencies (state and local) — gain flexibility in response deadlines and fee recovery for nonresident requests.
- Nonresident requesters — may face longer wait times and higher, cost‑based fees.
- Resident requesters — remain generally entitled to the standard (shorter) response timeframe.
- General public — potential effect on access timing and cost for out‑of‑state requesters; resident access largely unchanged aside from formal declaration/verification requirements.
Fiscal impact
- Fiscal note projects no new government expenditures. It anticipates that agencies may generate additional revenue by charging nonresident requesters fees that better reflect actual processing costs.
Procedural note
- The bill was amended in the Senate to adjust timing provisions (enacted version specifies the 21‑day and 35‑working‑day intervals). The bill includes an emergency clause language in the text, but the enacted effective date is July 1, 2025.
