reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-212 - DELIVERY OF PRINTED SETS.

73-212. DELIVERY OF PRINTED SETS. Upon approval by the commission of any compilation and proclamation by the governor, the publishing company shall immediately deliver to the secretary of state of Idaho at Boise, Idaho, and such other places in Idaho designated by the secretary of state of Idaho, the number of sets of the compilation which the state of Idaho, through the state board of examiners, has determined to be necessary for its use. The secretary of state shall keep seventy-five (75) sets thereof for insertion in the sets of the Idaho Code reserved for the use of the members and officers of the legislature during times the legislature is in session, and distribute the remainder among such of the boards, institutions, officers and offices as shall be decided upon by the state board of examiners. Any remaining sets shall be kept by the secretary of state for subsequent sessions of the legislature, or be distributed as directed by the state board of examiners. The sets of all compilations, except those bound volumes which have been provided to members of the legislature under the provisions of section 67-909, Idaho Code, shall remain the property of the state of Idaho and be delivered by officers to their successors, and by legislators and legislative officers to the secretary of state, at the end of each session of the legislature so that the same may be used at subsequent sessions.
History:
[73-212, added 1949, ch. 167, sec. 12, p. 355; am. 1957, ch. 136, sec. 1, p. 229; am. 1977, ch. 232, sec. 8, p. 690; am. 1979, ch. 157, sec. 2, p. 477.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-213 - TAX LEVY ON ACTIONS.

73-213. TAX LEVY ON ACTIONS. There is hereby levied a fee of ten dollars ($10.00) upon each civil action filed in the district court or in the magistrates’ division of the district court including matters involving decedents’ estates, whether testate or intestate, and including proceedings involving adoption and the appointment of a guardian of the person or of the estate or both. There is also hereby levied a fee of ten dollars ($10.00) upon each party, except the plaintiff, making an appearance in any civil action in the district court or in the magistrates’ division of the district court, except that no fee shall be levied or collected for an appearance in the small claims departments or for a proceeding under the summary administration of small estates act.
The clerks of the district courts and persons authorized by rule or administrative order of the supreme court are directed and required to remit all additional charges and fees authorized by this section and collected during a calendar month, to the state treasurer on or before the fifth day of the month following the calendar month of collection. The state treasurer shall place all such sums in the code fund for the following purposes:
1. From that portion of such sums pledged by section 73-214, Idaho Code, to pay the principal and interest on any treasury notes according to their priority issued under authority of this act. When any such treasury notes are issued and remain outstanding and unpaid and the state treasurer has sufficient moneys set aside as provided by section 73-214, Idaho Code, to pay the unpaid principal and interest of any treasury notes so issued and unpaid, the state treasurer, as soon as such notes may be paid by their terms, shall pay the same and shall certify such fact to the commission, and
2. To pay the cost of any compilations authorized under this act by the code commission, and
3. To pay the compensation and expenses of the code commission created by this act and its employees.
History:
[73-213, added 1949, ch. 167, sec. 13, p. 355; am. 1953, ch. 250, sec. 5, p. 398; am. 1961, ch. 191, sec. 1, p. 286; am. 1969, ch. 137, sec. 1, p. 423; am. 1972, ch. 161, sec. 2, p. 360; am. 1979, ch. 219, sec. 4, p. 613; am. 1992, ch. 255, sec. 1, p. 742.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-214 - PLEDGE OF TAX OR FEES.

73-214. PLEDGE OF TAX OR FEES. Whenever treasury notes are issued and sold as provided in this act, they shall constitute an irrevocable and irrepealable contract between the state of Idaho and the owner of said treasury notes that the portion of the taxes and/or fees pledged for payment thereof provided by this act shall not be reduced so long as any of the treasury notes issued under this act remain outstanding and unpaid, and that the state will cause said taxes or fees to be promptly collected, and sufficient thereof set aside and applied as in this act provided to pay the annual interest and an amount of principal that will be equal to the total amount of the notes issued and outstanding divided by the number of years over which said notes are to be paid, to provide for the payment of such treasury notes and interest according to the terms and priority of issues thereof, and that the legislature shall not reduce the amount of such pledged tax or fee while any of said treasury notes are outstanding; but if all thereof be paid the legislature may reduce such tax or fee to be collected and pledged for payment of any future or new or additional issue of notes sold under this act after such reduction. Any holder of said treasury notes, or any person, or officer, being a party in interest, may by action either at law or in equity enforce and compel the performance of the duties of any officer or person herein mentioned, required by this act.
History:
[73-214, added 1949, ch. 167, sec. 14, p. 335; am. 1953, ch. 250, sec. 6, p. 398; am. 1972, ch. 161, sec. 3, p. 360.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-215 - CODE FUND CREATED.

73-215. CODE FUND CREATED. There is hereby created in the hands of the state treasurer a fund to be known as the "Code Fund." All funds in the hands of the state treasurer credited to the "Idaho Code Fund" are hereby transferred, appropriated to and made a part of the code fund, together with any and all moneys now or hereafter remitted to and received by the state treasurer for deposit in the code fund pursuant to section 73-213, Idaho Code. At the beginning of each fiscal year those moneys in the Idaho code fund that exceed the prior year’s expenditures, excluding a transfer by appropriation, by twenty-five percent (25%) or more shall be transferred to the general fund.
History:
[73-215, added 1949, ch. 167, sec. 15, p. 355; am. 2002, ch. 19, sec. 1, p. 24.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-216 - ISSUANCE OF TREASURY NOTES.

73-216. ISSUANCE OF TREASURY NOTES. The commission is hereby authorized to anticipate the proceeds of the collection of any or all of the taxes or fees provided for in this act, and when necessary is hereby authorized to cause to be issued "Code Fund Treasury Notes," bearing such rate of interest, not exceeding that provided by law, as the commission may determine, in such amounts which, together with the unencumbered or unobligated moneys in the Code Fund, shall not exceed in the aggregate the sum of three hundred thousand dollars ($300,000) to carry out the purposes of this act. Said treasury notes may be issued in serial form to mature at stated times not exceeding twenty (20) years from date of issuance, shall be signed by the chairman of the code commission, attested by the secretary thereof, shall be countersigned by the treasurer of the state of Idaho, and shall be in such form as approved by the attorney general.
History:
[73-216, added 1949, ch. 167, sec. 16, p. 355; am. 1953, ch. 250, sec. 7, p. 398; am. 1961, ch. 191, sec. 2, p. 286; am. 1972, ch. 161, sec. 4, p. 360.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-217 - SALE OF TREASURY NOTES.

73-217. SALE OF TREASURY NOTES. The treasury notes shall be sold by the state treasurer to the highest bidder for cash at not less than par and accrued interest at such times and in such amounts as may be determined by the commission, after advertising the time and place of sale in such manner as the commission shall determine; provided, the treasury notes or any part thereof may be sold by the state treasurer at any time at private sale without advertisement, for not less than par and accrued interest. The state treasurer, with the approval of the commissioner of public investments and other officials whose approval is required by law for investment of public funds, may purchase for investment any or all the treasury notes at par and accrued interest.
History:
[73-217, added 1949, ch. 167, sec. 17, p. 355.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-218 - PROCEEDS OF SALE, HOW HANDLED.

73-218. PROCEEDS OF SALE, HOW HANDLED. The proceeds of the sale of the treasury notes shall be placed to the credit of the code fund in the state treasury, except such amount as may be required to be paid as accrued interest, which amount shall be credited to a special interest fund for payment of interest on the treasury notes. The expenses incurred by the state treasurer in the preparation and sale of the treasury notes shall be paid out of the code fund. The balance of such proceeds and all moneys now or hereafter in said code fund shall be used exclusively for the purposes authorized by this act, and shall be paid out of warrants drawn by the state controller supported by vouchers of the commission.
Whenever any treasury notes are hereafter issued and outstanding, pursuant to this act, the state treasurer shall set up and keep separate accounts for payment of the interest required to be paid on such treasury notes and to provide a sinking fund for the payment of such treasury notes.
History:
[73-218, added 1949, ch. 167, sec. 18, p. 355; am. 1953, ch. 250, sec. 8, p. 398; am. 1994, ch. 180, sec. 239, p. 574.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-219 - APPROPRIATION.

73-219. APPROPRIATION. All funds, appropriations and other moneys now or hereafter appropriated or provided by law for the purposes and administration of the functions, powers and duties of the code commission created by chapter 167, Laws of 1949, including those funds and moneys of the code fund and the code redemption fund, shall be and the same hereby are, respectively, transferred to the code fund created by chapter 167, Laws of 1949, and made available to and placed under the control of said code commission, and all such moneys accruing to or received into said fund are hereby appropriated to said code commission for expenditure by it in the administration and carrying out of the duties and purposes required of the said commission under the provisions of this act and to pay the compensation and expenses of the commission and its employees. The state controller is hereby authorized and directed to cause the foregoing transfers to be made. All such moneys shall be paid out on warrants drawn by the state controller as in this act provided, supported by vouchers prepared and approved by the code commission certified by its chairman, and approved by the state board of examiners.
History:
[73-219, added 1949, ch. 167, sec. 19, p. 355; am. 1953, ch. 250, sec. 9, p. 398; am. 1955, ch. 59, sec. 2, p. 116; am. 1994, ch. 180, sec. 240, p. 574.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-220 - EXEMPTIONS FROM CERTAIN ACTS.

73-220. EXEMPTIONS FROM CERTAIN ACTS. The appropriations made in this act are expressly exempted from the provisions of the Standard Appropriations Act of 1945, (chapter 36 of title 67) from the provisions of section 67-2007 and 67-2008, from the provisions of section 67-3509, and from the provisions of sections 67-3516—67-3523, Idaho Code.
History:
[73-220, added 1949, ch. 167, sec. 20, p. 355; am. 1953, ch. 250, sec. 10, p. 398.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-221 - REPORT REQUIRED OF COMMISSION.

73-221. REPORT REQUIRED OF COMMISSION. The commission shall, thirty (30) days prior to the time each regular session of the legislature shall convene, furnish to the governor and secretary of state a report of its proceedings, and an analysis of its financial requirements for the next ensuing year or biennium, and its recommendations. The commission shall furnish additional copies of such report as may be required by either of said officers.
History:
[73-221, added 1949, ch. 167, sec. 21, p. 355; am. 1972, ch. 161, sec. 5, p. 360.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 3 - CONSTRUCTION OF FORMULA CLAUSES › Section 73-301 - CONSTRUCTION OF FORMULA CLAUSES.

73-301. CONSTRUCTION OF FORMULA CLAUSES. Marital deduction formula clauses in wills executed prior to January 1, 1977, by persons who are residents of this state at the time of death shall be deemed to refer to the increased marital deduction allowed by the Internal Revenue Code of the United States, section 2056(c), as amended by the Tax Reform Act of 1976 (HR 10612).
History:
[73-301, added 1978, ch. 358, sec. 2, p. 942.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 4 - FREE EXERCISE OF RELIGION PROTECTED › Section 73-401 - DEFINITIONS.

73-401. DEFINITIONS. As used in this chapter unless the context otherwise requires:
(1) "Demonstrates" means meets the burdens of going forward with evidence, and persuasion under the standard of clear and convincing evidence.
(2) "Exercise of religion" means the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
(3) "Government" includes this state and any agency or political subdivision of this state.
(4) "Political subdivision" includes any county, city, school district, taxing district, municipal corporation, or agency of a county, city, school district, or municipal corporation.
(5) "Substantially burden" means to inhibit or curtail religiously motivated practices.
History:
[73-401, added 2000, ch. 133, sec. 2, p. 352.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 4 - FREE EXERCISE OF RELIGION PROTECTED › Section 73-402 - FREE EXERCISE OF RELIGION PROTECTED.

73-402. FREE EXERCISE OF RELIGION PROTECTED. (1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.
(2) Except as provided in subsection (3) of this section, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.
(3) Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both:
(a) Essential to further a compelling governmental interest;
(b) The least restrictive means of furthering that compelling governmental interest.
(4) A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this chapter against a government shall recover attorney’s fees and costs.
(5) In this section, the term "substantially burden" is intended solely to ensure that this chapter is not triggered by trivial, technical or de minimis infractions.
History:
[73-402, added 2000, ch. 133, sec. 2, p. 353.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 4 - FREE EXERCISE OF RELIGION PROTECTED › Section 73-403 - APPLICABILITY.

73-403. APPLICABILITY. (1) This chapter applies to all state laws and local ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether enacted or adopted before, on or after the effective date of this chapter.
(2) State laws that are enacted or adopted on or after the effective date of this chapter are subject to this chapter unless the law explicitly excludes application by reference to this chapter.
(3) This chapter shall not be construed to authorize any government to burden any religious belief.
History:
[73-403, added 2000, ch. 133, sec. 2, p. 353.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 4 - FREE EXERCISE OF RELIGION PROTECTED › Section 73-404 - SEVERABILITY.

73-404. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
History:
[73-404, added 2000, ch. 133, sec. 2, p. 353.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 5 - CORONAVIRUS STOP ACT › Section 73-502 - DEFINITIONS.

73-502. DEFINITIONS. As used in this chapter:
(1) "Business entity" means any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not-for-profit. "Business entity" shall include but not be limited to:
(a) Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in Idaho, business trusts, and any business entity that registers with the secretary of state; and
(b) Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state; any business entity exempt by law from obtaining such a business license; and any business entity operating unlawfully without such a business license.
(2) "Coronavirus" means:
(a) Severe acute respiratory syndrome coronavirus 2;
(b) The disease caused by severe acute respiratory syndrome coronavirus 2; or
(c) Any subsequently identified mutation, modification, or strain of severe acute respiratory syndrome coronavirus 2 if the transmission of said virus among humans rises to the level of an epidemic or pandemic and qualifies for an emergency declaration under applicable Idaho law.
(3) "Coronavirus vaccination" means the introduction of a coronavirus vaccine into the human body.
(4) "Foreign jurisdiction" means any state, commonwealth, country, or nation outside the state of Idaho.
(5) "Ticket issuer" means an individual or entity providing tickets to an entertainment event, including any of the following:
(a) The operator of the venue where an entertainment event occurs;
(b) The sponsor or promoter of an entertainment event;
(c) A sports team participating in an entertainment event or a league whose teams are participating in an entertainment event;
(d) A theater company, musical group, or similar participant in an entertainment event; or
(e) An agent of any individual or entity described in this subsection.
History:
[73-502, added 2023, ch. 313, sec. 2, p. 953.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 5 - CORONAVIRUS STOP ACT › Section 73-504 - SEVERABILITY.

73-504. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[73-504, added 2023, ch. 313, sec. 2, p. 955.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-103 - REQUEST AND RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS.

74-103. REQUEST AND RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS. (1) All requests to examine public records shall be made to the designated custodian of such records as defined in section 74-101(3), Idaho Code. A public agency, a public official, or an employee of a public agency shall have no obligation and shall not be deemed to have assumed any obligation to respond to a public records request that fails to comply with the requirements of this subsection. A public records request must clearly indicate that it is a public records request.
(2) A public agency or custodian shall either grant or deny a person’s request to examine or copy public records within three (3) working days of the date of the receipt of the request for examination or copying. If it is determined by employees of the public agency that a longer period of time is needed to locate or retrieve the public records, the public agency shall so notify in writing the person requesting to examine or copy the records and shall provide the public records to the person no later than ten (10) working days following the person’s request. Provided however, if it is determined the existing electronic record requested will first have to be converted to another electronic format by the agency or by a third party and that such conversion cannot be completed within ten (10) working days, the agency shall so notify in writing the person requesting to examine or copy the records. The agency shall provide the converted public record at a time mutually agreed upon between the agency and the requester, with due consideration given to any limitations that may exist due to the process of conversion or due to the use of a third party to make the conversion.
(3) If the public agency or custodian fails to respond, the request shall be deemed to be denied within ten (10) working days following the request.
(4) If the public agency denies the person’s request for examination or copying the public records or denies in part and grants in part the person’s request for examination and copying of the public records, the person legally responsible for administering the public agency or that person’s designee shall notify the person in writing of the denial or partial denial of the request for the public record.
(5) The notice of denial or partial denial shall state that the attorney for the public agency has reviewed the request or shall state that the public agency has had an opportunity to consult with an attorney regarding the request for examination or copying of a record and has chosen not to do so. The notice of denial or partial denial also shall indicate the statutory authority for the denial and indicate clearly the person’s right to appeal the denial or partial denial and the time periods for doing so.
History:
[74-103, added 2015, ch. 140, sec. 5, p. 348; am. 2022, ch. 306, sec. 3, p. 976.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-104 - RECORDS EXEMPT FROM DISCLOSURE — EXEMPTIONS IN FEDERAL OR STATE LAW — COURT FILES OF JUDICIAL PROCEEDINGS — OFFICE OF ADMINISTRATIVE HEARINGS — JUDICIAL COUNCIL.

74-104. RECORDS EXEMPT FROM DISCLOSURE — EXEMPTIONS IN FEDERAL OR STATE LAW — COURT FILES OF JUDICIAL PROCEEDINGS — OFFICE OF ADMINISTRATIVE HEARINGS — JUDICIAL COUNCIL. (1) The following records are exempt from disclosure:
(a) Any public record exempt from disclosure by federal or state law or federal regulations to the extent specifically provided for by such law or regulation.
(b) Records contained in court files of judicial proceedings, the disclosure of which is prohibited by or under rules adopted by the Idaho supreme court, but only to the extent that confidentiality is provided under such rules, and any drafts or other working memoranda related to judicial decision-making, provided the provisions of this subsection making records exempt from disclosure shall not apply to the extent that such records or information contained in those records are necessary for a background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition.
[(c)](3) Any writings, drafts, notes, or working memoranda related to decision-making in any proceeding before the office of administrative hearings pursuant to sections 67-5280 through 67-5286, Idaho Code, as well as any records that are otherwise exempt from disclosure under this chapter that are filed or submitted to the office of administrative hearings in the course of any proceedings before it. Orders issued by the office of administrative hearings are not exempt from disclosure under this section, unless otherwise exempt from disclosure under this chapter.
(2) The judicial council ratings and tabulated scores from attorney questionnaires of candidates for a judicial vacancy whose names are submitted to the governor and the summary prepared pursuant to section 1-2102(4), Idaho Code, shall be public.
History:
[74-104, added 2015, ch. 140, sec. 5, p. 349; am. 2023, ch. 182, sec. 7, p. 502; am. 2023, ch. 210, sec. 4, p. 587.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-108 - EXEMPTIONS FROM DISCLOSURE — ARCHAEOLOGICAL, ENDANGERED SPECIES, LIBRARIES, LICENSING EXAMS.

74-108. EXEMPTIONS FROM DISCLOSURE — ARCHAEOLOGICAL, ENDANGERED SPECIES, LIBRARIES, LICENSING EXAMS. The following records are exempt from disclosure:
(1) Records, maps or other records identifying the location of archaeological or geophysical sites or endangered species, if not already known to the general public.
(2) Archaeological and geologic records concerning exploratory drilling, logging, mining and other excavation, when such records are required to be filed by statute for the time provided by statute.
(3) Documents and data related to oil and gas production submitted to the department of lands or the oil and gas conservation commission under the provisions of chapter 3, title 47, Idaho Code, provided that the records qualify for confidential status under section 47-327, Idaho Code, under the conditions and for the time provided by statute.
(4) The records of a library which, when examined alone, or when examined with other public records, would reveal the identity of the library patron checking out, requesting, or using an item from a library.
(5) The material of a library, museum or archive that has been contributed by a private person, to the extent of any limitation that is a condition of the contribution.
(6) Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected.
(7) Land management plans required for voluntary stewardship agreements entered into pursuant to law and written agreements relating to the conservation of all species of sage grouse entered into voluntarily by owners or occupiers of land with a soil conservation district.
History:
[74-108, added 2015, ch. 140, sec. 5, p. 359; am. 2015, ch. 300, sec. 1, p. 1181; am. 2017, ch. 271, sec. 28, p. 708.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-109 - RECORDS EXEMPT FROM DISCLOSURE — DRAFT LEGISLATION, RESEARCH, PERSONAL COMMUNICATIONS, PERSONALLY IDENTIFYING INFORMATION, WORK PAPERS, AND DRAFT REDISTRICTING PLANS.

74-109. RECORDS EXEMPT FROM DISCLOSURE — DRAFT LEGISLATION, RESEARCH, PERSONAL COMMUNICATIONS, PERSONALLY IDENTIFYING INFORMATION, WORK PAPERS, AND DRAFT REDISTRICTING PLANS. The following records are exempt from disclosure:
(1) Records consisting of draft legislation and documents related to draft legislation, including requests for research or analysis submitted to the legislative services office by a member of the Idaho legislature and any documents related to such request.
(2) Records consisting of personal communication by a member of the Idaho legislature or between members of the Idaho legislature that does not relate to the conduct or administration of the public’s business.
(3) Personally identifying information relating to a private citizen contained in a writing to or from a member of the Idaho legislature. As used in this subsection, "private citizen" does not include a lobbyist registered with the office of the secretary of state, a public official, or an individual who is communicating on behalf of an organization. As used in this subsection, "public official" has the same meaning as in section 74-101(12), Idaho Code, except that it does not include elected or appointed members of the Idaho legislature and legislative staff.
(4) Records consisting of or that are related to the work papers in the possession of the director of legislative performance evaluations prior to the release of the final performance evaluation.
(5) Records consisting of or that are related to the work papers in the possession of the division of legislative audits prior to release of the related final audit.
(6) Records consisting of draft congressional and legislative redistricting plans and documents specifically related to such draft redistricting plans or research requests submitted to the commission staff by a member of the commission for reapportionment for the purpose of placing such draft redistricting plan into form suitable for presentation to the full membership of the commission, unless the individual commission member having submitted or requested such plans or research agrees to waive the provisions of confidentiality provided by this subsection.
History:
[74-109, added 2015, ch. 140, sec. 5, p. 360; am. 2020, ch. 338, sec. 4, p. 990.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-110 - EXEMPTION FROM DISCLOSURE — RECORDS OF COURT PROCEEDINGS REGARDING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS.

74-110. EXEMPTION FROM DISCLOSURE — RECORDS OF COURT PROCEEDINGS REGARDING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS. In accordance with section 18-609A, Idaho Code, the following records are exempt from public disclosure: all records contained in court files of judicial proceedings arising under section 18-609A, Idaho Code, are exempt from disclosure.
History:
[74-110, added 2015, ch. 140, sec. 5, p. 360.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-111 - EXEMPTION FROM DISCLOSURE — RECORDS RELATED TO THE UNIFORM SECURITIES ACT.

74-111. EXEMPTION FROM DISCLOSURE — RECORDS RELATED TO THE UNIFORM SECURITIES ACT. Except as otherwise determined by the director of the department of finance pursuant to section 30-14-607(c), Idaho Code, the following records are exempt from disclosure:
(1) A record obtained or created by the director of the department of finance or a representative of the director in connection with an audit or inspection under section 30-14-411(d), Idaho Code, or an investigation under section 30-14-602, Idaho Code;
(2) A part of a record filed in connection with a registration statement under section 30-14-301, Idaho Code, and sections 30-14-303 through 30-14-305, Idaho Code, or a record under section 30-14-411(d), Idaho Code, that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;
(3) A record that is not required to be provided to the director of the department of finance or filed under chapter 14, title 30, Idaho Code, and is provided to the director only on the condition that the record will not be subject to public examination or disclosure;
(4) A nonpublic record received from a person specified in section 30-14-608(a), Idaho Code; and
(5) Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed pursuant to chapter 14, title 30, Idaho Code.
History:
[74-111, added 2015, ch. 140, sec. 5, p. 361.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-112 - EXEMPT AND NONEXEMPT PUBLIC RECORDS TO BE SEPARATED.

74-112. EXEMPT AND NONEXEMPT PUBLIC RECORDS TO BE SEPARATED. If any public record contains material which is not exempt from disclosure as well as material which is exempt from disclosure, the public agency shall, upon receipt of a request for disclosure, separate the exempt and nonexempt material and make the nonexempt material available for examination, provided that a denial of a request to copy nonexempt material in a public record shall not be based upon the fact that such nonexempt material is contained in the same public record as the exempt material.
History:
[74-112, added 2015, ch. 140, sec. 5, p. 361; am. 2022, ch. 306, sec. 6, p. 986.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-113 - ACCESS TO RECORDS ABOUT A PERSON BY A PERSON.

74-113. ACCESS TO RECORDS ABOUT A PERSON BY A PERSON. (1) A person may inspect and copy the records of a public agency pertaining to that person, even if the record is otherwise exempt from public disclosure.
(2) A person may request in writing an amendment of any record pertaining to that person. Within ten (10) days of the receipt of the request, the public agency shall either:
(a) Make any correction of any portion of the record which the person establishes is not accurate, relevant, or complete; or
(b) Inform the person in writing of the refusal to amend in accordance with the request and the reasons for the refusal, and indicate clearly the person’s right to appeal the refusal and the time period for doing so. The procedures for appealing a refusal to amend shall be the same as those set forth in sections 74-115 and 74-116, Idaho Code, and the court may award reasonable costs and attorney’s fees to the prevailing party or parties, if it finds that the request for amendment or refusal to amend was frivolously pursued.
(3) The right to inspect and amend records pertaining to oneself does not include the right to review:
(a) Otherwise exempt investigatory records of a public agency if the investigation is ongoing;
(b) Information that is compiled in reasonable anticipation of a civil action or proceeding which is not otherwise discoverable;
(c) The information relates to adoption records;
(d) Information which is otherwise exempt from disclosure by statute or court rule;
(e) Records of a prisoner maintained by the state or local agency having custody of the prisoner or formerly having custody of the prisoner or by the commission of pardons and parole.
History:
[74-113, added 2015, ch. 140, sec. 5, p. 361; am. 2022, ch. 306, sec. 7, p. 986.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › 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, to compel the public agency to make the information available for public inspection in accordance with the provisions of this chapter. The petition contesting the public agency’s decision shall be filed within one hundred eighty (180) calendar days from the date of mailing of the notice of denial or partial denial by the public agency. In cases in which the records requested are claimed as exempt pursuant to section 74-107(1) or (24), Idaho Code, the petitioner shall be required to name as a party and serve the person or entity that filed or provided such documents to the agency, and such person or entity shall have standing to oppose the request for disclosure and to support the decision of the agency to deny the request. The time for responsive pleadings and for hearings in such proceedings shall be set by the court at the earliest possible time, or in no event beyond twenty-eight (28) calendar days from the date of filing.
(2) The public agency shall keep all documents or records in question until the end of the appeal period, until a decision has been rendered on the petition, or as otherwise statutorily provided, whichever is longer.
(3) Nothing contained in this chapter shall limit the availability of documents and records for discovery in the normal course of judicial or administrative adjudicatory proceedings, subject to the law and rules of evidence and of discovery governing such proceedings. Additionally, in any criminal appeal or post-conviction civil action, this chapter shall not make available the contents of prosecution case files where such material has previously been provided to the defendant nor shall this chapter be available to supplement, augment, substitute or supplant discovery procedures in any other federal, civil or administrative proceeding.
History:
[74-115, added 2015, ch. 140, sec. 5, p. 363; am. 2022, ch. 306, sec. 9, p. 989.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › 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. The court shall decide the case after examining the pleadings filed by the parties and such oral arguments and additional evidence as the court may allow. The court may examine the record in camera in its discretion.
(2) If the court finds that the public official’s decision to refuse disclosure is not justified, it shall order the public official to make the requested disclosure. If the court determines that the public official was justified in refusing to make the requested record available, he shall return the item to the public official without disclosing its content and shall enter an order supporting the decision refusing disclosure. In any such action, the court shall award reasonable costs and attorney fees to the prevailing party or parties, if it finds that the request or refusal to provide records was frivolously pursued.
History:
[74-116, added 2015, ch. 140, sec. 5, p. 364.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › 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:
[74-117, added 2015, ch. 140, sec. 5, p. 364; am. 2022, ch. 111, sec. 34, p. 395.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › 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 with the provisions of this chapter.
History:
[74-118, added 2015, ch. 140, sec. 5, p. 364; am. 2022, ch. 306, sec. 10, p. 989.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › 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 records requests and shall provide an alternate custodian or alternate custodians for contingencies. If a public agency has a website, the agency shall note the name and contact information of its custodian of records on its website and shall promptly update such information when it changes.
History:
[74-119, added 2015, ch. 140, sec. 5, p. 364; am. 2018, ch. 143, sec. 4, p. 298; am. 2022, ch. 306, sec. 11, p. 989.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › 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 after January 1, 2016, and which provides for confidentiality or closure of a public record or class of public records and is located at a place other than this chapter shall be null, void and of no force and effect regarding the confidentiality or closure of the public record and such public record shall be open and available to the public for inspection as provided in this chapter.
History:
[74-122, added 2015, ch. 140, sec. 5, p. 366.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-123 - IDAHO CODE IS PROPERTY OF THE STATE OF IDAHO.

74-123. IDAHO CODE IS PROPERTY OF THE STATE OF IDAHO. (1) The Idaho Code is the property of the state of Idaho, and the state of Idaho and the taxpayers shall be deemed to have a copyright on the Idaho Code. If a person reproduces or distributes the Idaho Code for the purpose of direct or indirect commercial advantage, the person shall owe to the Idaho code commission, as the agent of the state of Idaho, a royalty fee in addition to the fee charged for copying the Idaho Code. Any person who reproduces or distributes the Idaho Code in violation of the provisions of this section shall be deemed to be an infringer of the state of Idaho’s copyright. The Idaho code commission, through the office of the attorney general, is entitled to institute an action for any infringement of that particular right committed while the Idaho code commission or its designated agent has custody of the Idaho Code.
(2) A court having jurisdiction of a civil action arising under this section may grant such relief as it deems appropriate. At any time while an action under this section is pending, the court may order the impounding, on such terms as it deems reasonable, of all copies claimed to have been made or used in violation of the Idaho code commission’s copyright pursuant to this section.
(3) An infringer of the state of Idaho’s copyright pursuant to this section is liable for any profits the infringer has incurred by obtaining the Idaho Code for commercial purposes or is liable for statutory damages as provided in subsection (4) of this section.
(4) The Idaho code commission, as agent of the copyright owner, may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to the Idaho Code for which any one (1) infringer is liable individually, or for which any two (2) or more infringers are liable jointly and severally, in a sum of not less than two hundred fifty dollars ($250) and not more than ten thousand dollars ($10,000), as the court considers just.
(5) In any civil action under this section, the court may allow the recovery of full costs by or against any party and may also award reasonable attorney’s fees to the prevailing party as part of the costs.
(6) The Idaho code commission is hereby authorized to license and charge fees for the use of the Idaho Code. The Idaho code commission may grant a license for the use of the Idaho Code to a public agency in the state and waive all or a portion of the fees. All fees recovered by the Idaho code commission shall be deposited in the general fund.
History:
[74-123, added 2015, ch. 140, sec. 5, p. 367; am. 2022, ch. 111, sec. 36, p. 396.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-125 - EVIDENCE FROM PRELIMINARY HEARING — ADMISSION — REQUIREMENTS.

74-125. EVIDENCE FROM PRELIMINARY HEARING — ADMISSION — REQUIREMENTS. Prior to admitting into evidence recorded testimony from a preliminary hearing, the court must find that the testimony offered is:
1. Offered as evidence of a material fact and that the testimony is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
2. That the witness is, after diligent and good faith attempts to locate, unavailable for the hearing; and
3. That at the preliminary hearing, the party against whom the admission of the testimony is sought had an adequate opportunity to prepare and cross-examine the proffered testimony.
History:
[74-125, added 2015, ch. 140, sec. 5, p. 368.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-126 - PUBLIC RECORDS REQUESTS — LEGISLATURE.

74-126. PUBLIC RECORDS REQUESTS — LEGISLATURE. (1) A public records request for the legislature shall be made to the speaker of the house of representatives and the president pro tempore of the senate. A copy of such request shall be contemporaneously submitted to the legislative services office.
(2) A public records request for the house of representatives shall be made to the speaker of the house of representatives, and a copy of such request shall be contemporaneously submitted to the legislative services office. A public records request for the senate shall be made to the president pro tempore of the senate, and a copy of such request shall be contemporaneously submitted to the legislative services office.
(3) A public records request for an individual legislator shall be made to such individual legislator, and a copy of such request shall be contemporaneously submitted to the legislative services office.
(4) For purposes of this section, "contemporaneously" means that a copy of a request for public records shall be submitted to the legislative services office on the same business day as the request is made.
(5) The legislature, either house of the legislature, or an individual legislator shall not be obligated to respond to a public records request that does not comply with the requirements of this section.
History:
[74-126, added 2022, ch. 306, sec. 14, p. 992.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 1 - PUBLIC RECORDS ACT › Section 74-127 - SEVERABILITY.

74-127. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.
History:
[(74-127) 74-126, added 2015, ch. 140, sec. 5, p. 369; am. and redesig. 2022, ch. 306, sec. 15, p. 992.]
2023 Idaho Code › Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT › Chapter 2 - OPEN MEETINGS LAW › Section 74-201 - FORMATION OF PUBLIC POLICY AT OPEN MEETINGS.

74-201. FORMATION OF PUBLIC POLICY AT OPEN MEETINGS. The people of the state of Idaho in creating the instruments of government that serve them, do not yield their sovereignty to the agencies so created. Therefore, the legislature finds and declares that it is the policy of this state that the formation of public policy is public business and shall not be conducted in secret.
History:
[74-201, added 2015, ch. 140, sec. 5, p. 369.]