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Senate adopts new rules for out‑of‑state public records requests; residents kept existing fee waivers
Summary
Lawmakers approved changes to public‑records practice that speed response timelines and expand cost recovery for agencies dealing with large, nonresident requests while preserving existing resident protections.
The Idaho Senate on April 1 approved House Bill 253, a measure that changes time and fee rules for public‑records requests made by nonresidents while leaving existing resident protections in place.
Senator Carl Berndt, sponsor, said the bill keeps the current rules for residents — the first 100 pages and first two hours of labor remain free — but treats nonresident requests differently, allowing agencies a longer initial response time and full cost recovery from the start. “This legislation does not deny nonresidents access to public records in Idaho. It simply allows lengthier time to respond to the so the agency can manage the fulfillment within normal business procedures and allows the agency full cost recovery,” Berndt said (remarks at 3:549–3:709).
The amendment package discussed in committee preserves resident access and clarified proof-of‑residency approaches; Berndt suggested proof of employment or other documentation would be used to show a requester is an Idaho resident for purposes of the exemption (exchange at 3:862–3:903).
Supporters said the changes respond to large, voluminous requests from out‑of‑state media or commercial requesters that can divert staff during emergencies such as disease outbreaks. Senator Guthrie said the bill “allows for a little additional charge for nonresident requests” and urged support (remarks at 3:720–3:765).
Opponents warned the change could reduce transparency or increase administrative burden; Senator Cole said he struggled “with any sense of reducing transparency of state government” and called the vote “a tough vote” (explanation at 4:021–4:042).
On final passage the roll call was 25 ayes, 9 nays and 1 absent/excused; the Senate passed House Bill 253 as amended and will return it to the House of Representatives (roll call recorded at 4:217–4:236).
