Bill Description: House Bill 253 would allow government to take longer and charge more for public record requests from requesters who are not Idaho residents.
Rating: -2
NOTE: The Senate Amendment to House Bill 253 made small changes to the bill. The analysis has been updated but the rating has not changed.
Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?
House Bill 253 would amend Section 74-102, Idaho Code, to require every person filing a public records request to include "a written declaration by the requesting party attesting or affirming under oath whether such requester is a resident."
This provision compromises the privacy of the requester and inserts the threat of criminal perjury charges into the process of seeking public records.
(-1)
Idaho's public record law requires a public agency to respond within 3 working days of receiving a records request. House Bill 253 would extend that period to 21 days for a request by a nonresident. Current law allows government entities to delay fulfilling a record request for up to 10 working days, but the bill would amend 74-103, Idaho Code, to extend that period for up to 35 days for a request by a nonresident.
Idaho's public record law already allows public bodies to charge fees for records exceeding 100 pages or two hours of work. House Bill 253 would expand this by allowing government bodies to impose a "separate copying fee schedule" on nonresidents. They also would be allowed to charge "additional fees" to nonresidents for "requests involving duplication of a computer tape, computer disc, microfilm or similar or analogous record system containing public record information."
The existing requirement that fees "not exceed reasonable labor costs" would be narrowed to requests from residents only. Likewise, the available exceptions for contributing to the public's understanding of government and a lack of resources to pay fees would be limited to requests from state residents.
All of these provisions limit government transparency and could be used to limit investigative journalism.
(-1)
