Bill Description: House Bill 600 would provide a simplified option for seeking judicial recourse for a records request denial. 

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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 600 would amend Section 74-115, Idaho Code, related to proceedings to enforce the right to examine or to receive a copy of records.

This section currently provides that the “sole remedy” for “a person aggrieved by the denial of a request for disclosure” is to “institute proceedings in the district court,” but this can be a complicated and costly endeavor that effectively leaves the aggrieved party with little practical recourse. 

House Bill 600 would provide an optional and simplified alternative for filing a complaint within 90 days of a denial that requires submitting documentation and paying a $100 filing fee. This process would not require an attorney and would not include oral arguments, discovery, or witnesses. 

A judge would review any documents and affidavits, require the public agency to respond, and could “request an in-camera review of the documents in question.” The judge would issue a decision within ten (10) working days. 

Either side could appeal the decision.

While the $100 filing fee is still a barrier to transparency, this process would meaningfully reduce the barrier relative to the current law.

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