Title 74 — TRANSPARENT AND ETHICAL GOVERNMENT

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…

74-102. Public records — Right to examine. (1) Every person has a right to examine and take a copy of any public record of this state and there is a presumption that all public records in Idaho are open at all reasonable times for inspection except as otherwise expressly provided…

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 pub…

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 …

74-105. Records exempt from disclosure — Law enforcement records, investigatory records of agencies, evacuation and emergency response plans, worker’s compensation. The following records are exempt from disclosure: (1) Investigatory records of a law enforcement agency as defined …

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 oth…

74-107. Records exempt from disclosure — Trade secrets, production records, appraisals, bids, proprietary information, tax commission, unclaimed property, petroleum clean water trust fund. The following records are exempt from disclosure: (1) Trade secrets including those contain…

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 …

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 documen…

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 ju…

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 …

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 …

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 pertaini…

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 auth…

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 …

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 …

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…

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 ac…

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 agencie…

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 …

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 prope…

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…

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 …

74-124. Exemptions from disclosure — Confidentiality. (1) Notwithstanding any statute or rule of court to the contrary, nothing in this chapter nor chapter 10, title 59, Idaho Code, shall be construed to require disclosure of investigatory records compiled for law enforcement pur…

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 probat…

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…

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…

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 …

74-202. Open public meetings — Definitions. As used in this chapter: (1) "Decision" means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which…

74-203. Governing bodies — Requirement for open public meetings. (1) Except as provided below, all meetings of a governing body of a public agency shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this act. No dec…

74-204. Notice of meetings — agendas. (1) Regular meetings. No less than a five (5) calendar day meeting notice and a forty-eight (48) hour agenda notice shall be given unless otherwise provided by statute. Provided however, that any public agency that holds meetings at regular i…

74-205. Written minutes of meetings. (1) The governing body of a public agency shall provide for the taking of written minutes of all its meetings. Neither a full transcript nor a recording of the meeting is required, except as otherwise provided by law. All minutes shall be avai…

74-206. Executive sessions — When authorized. (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsecti…

74-206A. negotiations in open session. (1) All negotiations between a governing body and a labor organization shall be in open session and shall be available for the public to attend. This requirement also applies to negotiations between the governing body’s designated representa…

74-207. Open legislative meetings required. All meetings of any standing, special or select committee of either house of the legislature of the state of Idaho shall be open to the public at all times, except in extraordinary circumstances as provided specifically in the rules of …

74-208. Violations. (1) If an action, or any deliberation or decision-making that leads to an action, occurs at any meeting which fails to comply with the provisions of this chapter, such action shall be null and void. (2) Any member of the governing body governed by the provisio…

74-401. Short title. This chapter shall be known and may be cited as the "Ethics in Government Act of 2015."

74-402. Policy and purpose. It is hereby declared that the position of a public official at all levels of government is a public trust and it is in the public interest to: (1) Protect the integrity of government throughout the state of Idaho while at the same time facilitating re…

74-403. Definitions. For purposes of this chapter: (1) "Official action" means any decision on, or proposal, consideration, enactment, defeat, or making of any rule, regulation, rate-making proceeding or policy action or nonaction by a governmental body or any other policy matter…

74-404. Required action in conflicts. A public official shall not take any official action or make a formal decision or formal recommendation concerning any matter where he has a conflict of interest and has failed to disclose such conflict as provided in this section. Disclosure…

74-405. Noncompensated public official — Exception. When a person is a public official by reason of his appointment or election to a governing board of a governmental entity for which the person receives no salary or fee as compensation for his service on said board, he shall not…

74-406. Civil penalty. (1) Any public official who intentionally fails to disclose a conflict of interest as provided for in section 74-404, Idaho Code, shall be guilty of a civil offense, the penalty for which may be a fine not to exceed five hundred dollars ($500), provided tha…

74-407. TAX-RELATED correspondence. (1) Neither the name of any elected public official nor any electioneering message shall appear on tax-related correspondence from the state of Idaho to a taxpayer, whether or not it includes a check, warrant, or rebate, or on county tax-relate…

74-501. Officers not to be interested in contracts. Members of the legislature, state, county, city, district and precinct officers, must not be interested in any contract made by them in their official capacity, or by any body or board of which they are members.

74-502. Remote interests. (1) A public officer shall not be deemed to be interested in a contract, within the meaning of section 74-501, Idaho Code, if he has only a remote interest in the contract and if the fact and extent of such interest is disclosed to the body of which he i…

74-503. Officers not to be interested in sales. State, county, district, precinct and city officers must not be purchasers at any sale nor vendors at any purchase made by them in their official capacity.

74-504. Prohibited contracts voidable. Every contract made in violation of any of the provisions of this chapter may be avoided at the instance of any party except the officer interested therein.

74-505. Dealing in warrants prohibited. The state treasurer and state controller, the several county, city, district or precinct officers of this state, their deputies and clerks, are prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, o…

74-506. Affidavit of nonviolation a prerequisite to allowance of accounts. Every officer whose duty it is to audit and allow the accounts of other state, county, district, city or precinct officers, must, before allowing such accounts, require each of such officers to make and fi…

74-507. Provisions of chapter violated — Disbursing officer not to pay warrants. Officers charged with the disbursement of public moneys must not pay any warrant or other evidence of indebtedness against the state, county, city or district, when the same has been purchased, sold,…