Idaho Code
Chapter 1 - PUBLIC RECORDS ACT
Section 74-101 - DEFINITIONS.

74-101. DEFINITIONS. As used in this chapter:
(1) "Applicant" means any person formally seeking a paid or volunteer position with a public agency. "Applicant" does not include any person seeking appointment to a position normally filled by election.
(2) "Copy" means transcribing by handwriting, photocopying, duplicating machine and reproducing by any other means as long as the public record is not altered or damaged.
(3) "Custodian" means the person or persons having personal custody and control of the public records in question.
(4) "Independent public body corporate and politic" means the Idaho housing and finance association as created in chapter 62, title 67, Idaho Code.
(5) "Inspect" means the right to listen, view and make notes of public records as long as the public record is not altered or damaged.
(6) "Investigatory record" means information with respect to an identifiable person, group of persons or entities compiled by a public agency pursuant to its statutory authority in the course of investigating a specific act, omission, failure to act, or other conduct over which the public agency has regulatory authority or law enforcement authority.
(7) "Law enforcement agency" means any state or local agency given law enforcement powers or which has authority to investigate, enforce, prosecute or punish violations of state or federal criminal statutes, ordinances or regulations.
(8) "Local agency" means a county, city, school district, municipal corporation, independent public body corporate and politic, district, public health district, political subdivision, or any agency thereof, or any committee of a local agency, or any combination thereof.
(9) "Person" means any natural person, corporation, partnership, firm, association, joint venture, state or local agency or any other recognized legal entity.
(10) "Prisoner" means a person who has been convicted of a crime and is either incarcerated or on parole for that crime or who is being held in custody for trial or sentencing.
(11) "Public agency" means any state or local agency as defined in this section.
(12) "Public official" means any state, county, local district, independent public body corporate and politic or governmental official or employee, whether elected, appointed or hired.
(13) "Public record" includes, but is not limited to, any writing containing information relating to the conduct or administration of the public’s business prepared, owned, used or retained by any state agency, independent public body corporate and politic or local agency regardless of physical form or characteristics. Provided, however, that personal notes created by a public official solely for his own use shall not be a public record as long as such personal notes are not shared with any other person or entity.
(14) "Requester" means the person requesting examination and/or copying of public records pursuant to section 74-102, Idaho Code.
(15) "State agency" means every state officer, department, division, bureau, commission and board or any committee of a state agency including those in the legislative or judicial branch, except the state militia and the Idaho state historical society library and archives.
(16) "Writing" includes, but is not limited to, handwriting, typewriting, printing, photostating, photographing and every means of recording, including letters, words, pictures, sounds or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents.

History:
[74-101, added 2015, ch. 140, sec. 5, p. 344; am. 2018, ch. 143, sec. 1, p. 290; am. 2020, ch. 338, sec. 1, p. 982; am. 2022, ch. 306, sec. 1, p. 972.]

Structure Idaho Code

Idaho Code

Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT

Chapter 1 - PUBLIC RECORDS ACT

Section 74-101 - DEFINITIONS.

Section 74-102 - PUBLIC RECORDS — RIGHT TO EXAMINE.

Section 74-103 - REQUEST AND RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS.

Section 74-104 - RECORDS EXEMPT FROM DISCLOSURE — EXEMPTIONS IN FEDERAL OR STATE LAW — COURT FILES OF JUDICIAL PROCEEDINGS.

Section 74-105 - RECORDS EXEMPT FROM DISCLOSURE — LAW ENFORCEMENT RECORDS, INVESTIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WORKER’S COMPENSATION.

Section 74-106 - RECORDS EXEMPT FROM DISCLOSURE — PERSONNEL RECORDS, PERSONAL INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.

Section 74-107 - RECORDS EXEMPT FROM DISCLOSURE — TRADE SECRETS, PRODUCTION RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION, TAX COMMISSION, UNCLAIMED PROPERTY, PETROLEUM CLEAN WATER TRUST FUND.

Section 74-108 - EXEMPTIONS FROM DISCLOSURE — ARCHAEOLOGICAL, ENDANGERED SPECIES, LIBRARIES, LICENSING EXAMS.

Section 74-109 - RECORDS EXEMPT FROM DISCLOSURE — DRAFT LEGISLATION, RESEARCH, PERSONAL COMMUNICATIONS, PERSONALLY IDENTIFYING INFORMATION, WORK PAPERS, AND DRAFT REDISTRICTING PLANS.

Section 74-110 - EXEMPTION FROM DISCLOSURE — RECORDS OF COURT PROCEEDINGS REGARDING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS.

Section 74-111 - EXEMPTION FROM DISCLOSURE — RECORDS RELATED TO THE UNIFORM SECURITIES ACT.

Section 74-112 - EXEMPT AND NONEXEMPT PUBLIC RECORDS TO BE SEPARATED.

Section 74-113 - ACCESS TO RECORDS ABOUT A PERSON BY A PERSON.

Section 74-114 - ACCESS TO AIR QUALITY, WATER QUALITY AND HAZARDOUS WASTE RECORDS — PROTECTION OF TRADE SECRETS.

Section 74-115 - PROCEEDINGS TO ENFORCE RIGHT TO EXAMINE OR TO RECEIVE A COPY OF RECORDS — RETENTION OF DISPUTED RECORDS.

Section 74-116 - ORDER OF THE COURT — COURT COSTS AND ATTORNEY FEES.

Section 74-117 - ADDITIONAL PENALTY.

Section 74-118 - IMMUNITY.

Section 74-119 - AGENCY GUIDELINES.

Section 74-120 - PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER LISTS — PENALTY.

Section 74-121 - REPLEVIN — PUBLIC RECORDS — IMPROPER OR UNLAWFUL TRANSFER OR REMOVAL.

Section 74-122 - CONFIDENTIALITY LANGUAGE REQUIRED IN THIS CHAPTER.

Section 74-123 - IDAHO CODE IS PROPERTY OF THE STATE OF IDAHO.

Section 74-124 - EXEMPTIONS FROM DISCLOSURE — CONFIDENTIALITY.

Section 74-125 - EVIDENCE FROM PRELIMINARY HEARING — ADMISSION — REQUIREMENTS.

Section 74-126 - PUBLIC RECORDS REQUESTS — LEGISLATURE.

Section 74-127 - SEVERABILITY.