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RS32281 would let agencies recover FOIA costs from nonresidents; sponsor says access preserved for residents

2377856 · February 14, 2025
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Summary

Representative Rod Furness introduced RS32281 to allow agencies to recover public-records request costs from nonresidents while preserving a free allotment for residents.

Representative Rod Furness introduced RS32281 to the House State Affairs Committee. The measure would adjust fees and time allowances for public-record requests by distinguishing between Idaho residents and nonresidents.

“Residents and nonresidents can currently get 100 pages free and two hours of labor free,” Representative Rod Furness said, and the proposed RS would preserve that allowance for residents while permitting agencies to charge nonresidents for copy pages and staff time beyond those limits as a cost-recovery measure.

Under the introduced language, nonresidents could be billed for copies and staff labor time not to exceed the actual agency cost; response time for a nonresident request would be 30 days with an option to extend by 45 days in exigent circumstances, the sponsor said. Furness emphasized the RS does not “deny nonresidents any access to public records in Idaho” but seeks to recover agency costs.

The committee moved to introduce the RS and the motion carried. Members did not adopt amendments during the introductory proceeding. The RS will be drafted and scheduled for a future hearing where stakeholders can weigh in on fee levels and implementation details.