Section 74-114 – ACCESS TO AIR QUALITY, WATER QUALITY AND HAZARDOUS WASTE RECORDS — PROTECTION OF TRADE SECRETS.
74-114. ACCESS TO AIR QUALITY, WATER QUALITY AND HAZARDOUS WASTE RECORDS — PROTECTION OF TRADE SECRETS. (1) To the extent required by the federal clean air act, the federal clean water act and the resource conservation and recovery act for state primacy over any delegated or authorized programs, even if the record is otherwise exempt […]
Section 74-115 – PROCEEDINGS TO ENFORCE RIGHT TO EXAMINE OR TO RECEIVE A COPY OF RECORDS — RETENTION OF DISPUTED RECORDS.
74-115. PROCEEDINGS TO ENFORCE RIGHT TO EXAMINE OR TO RECEIVE A COPY OF RECORDS — RETENTION OF DISPUTED RECORDS. (1) The sole remedy for a person aggrieved by the denial of a request for disclosure is to institute proceedings in the district court of the county where the records or some part thereof are located, […]
Section 74-116 – ORDER OF THE COURT — COURT COSTS AND ATTORNEY FEES.
74-116. ORDER OF THE COURT — COURT COSTS AND ATTORNEY FEES. (1) Whenever it appears that certain public records are being improperly withheld from a member of the public, the court shall order the public official charged with withholding the records to disclose the public record or show cause why he should not do so. […]
Section 74-117 – ADDITIONAL PENALTY.
74-117. ADDITIONAL PENALTY. If the court finds that a public official has deliberately and in bad faith improperly refused a legitimate request for inspection or copying, a civil penalty shall be assessed against the public official in an amount not to exceed one thousand dollars ($1,000), which shall be paid into the general fund. History: […]
Section 74-118 – IMMUNITY.
74-118. IMMUNITY. No public agency, public official, or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon the release of a public record governed by the provisions of this chapter if the public agency, public official, or custodian acted in good faith in attempting to comply […]
Section 74-119 – AGENCY GUIDELINES.
74-119. AGENCY GUIDELINES. By January 1, 2019, every state agency shall adopt guidelines that identify the general subject matter of all public records kept or maintained by the state agency, the custodian or custodians, and the physical location of such documents. Public agencies shall designate at least one (1) person as custodian to receive public […]
Section 74-120 – PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER LISTS — PENALTY.
74-120. PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER LISTS — PENALTY. (1) Except as provided in subsections (2), (3), (4), (5), (6), (7), (8), and (9) of this section, in order to protect the privacy of those who deal with public agencies: (a) No agency may distribute or sell for use as […]
Section 74-121 – REPLEVIN — PUBLIC RECORDS — IMPROPER OR UNLAWFUL TRANSFER OR REMOVAL.
74-121. REPLEVIN — PUBLIC RECORDS — IMPROPER OR UNLAWFUL TRANSFER OR REMOVAL. (1) Public records of the state and/or territory of Idaho are the property of the citizens of the state in perpetuity and they may not be improperly or unlawfully transferred or removed from their proper custodian. For purposes of this section, the terms […]
Section 74-106 – RECORDS EXEMPT FROM DISCLOSURE — PERSONNEL RECORDS, PERSONAL INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.
74-106. RECORDS EXEMPT FROM DISCLOSURE — PERSONNEL RECORDS, PERSONAL INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records are exempt from disclosure: (1) Except as provided in this subsection, all personnel records of a current or former public official other than the public official’s public service or employment history, classification, pay grade and step, longevity, gross […]
Section 74-122 – CONFIDENTIALITY LANGUAGE REQUIRED IN THIS CHAPTER.
74-122. CONFIDENTIALITY LANGUAGE REQUIRED IN THIS CHAPTER. On and after January 1, 2016, any statute which is added to the Idaho Code and provides for the confidentiality or closure of any public record or class of public records shall be placed in this chapter. Any statute which is added to the Idaho Code on and […]