Senate committee advances bill to prioritize Idaho public‑record requests, critics warn of reduced access

Chairman Guthrie presided as the Senate State Affairs Committee on Friday moved House Bill 253 to the amending order after extended testimony about how the state should handle public‑records requests.

David Claiborne, an attorney representing the Idaho Dairymen’s Association, told the committee the bill would preserve transparency while giving agencies tools to manage large, out‑of‑state requests. “This bill does not reduce transparency,” Claiborne said. He described a proposed Idaho‑first approach that would let agencies charge full labor and copying costs from page one for nonresidents and lengthen the response window for nonresident requests to a three‑week initial period extendable to five weeks.

Why it matters: Supporters said the change responds to a recent pattern of voluminous, out‑of‑state requests that pull staff away from urgent work — for example, during animal‑health outbreaks — and that Idaho taxpayers should not subsidize commercial scraping of records.

Press and open‑government advocates pushed back. Chris Cargill, president of the Mountain States Policy Center, said open‑records laws are essential for oversight and warned of unintended barriers for citizens. “There are always going to be bad actors that abuse the process,” Cargill said, “but we must be cautious about curtailing citizens’ right to know.”

Betsy Russell of Idahoans for Openness in Government said several provisions as drafted would “likely unintentionally cripple the application of the Idaho Public Records law” for student reporters, part‑year residents and regional outlets, and urged the committee to hold or substantially amend the bill.

Ken Burgess of the Idaho Press Club similarly urged caution and said last year’s changes to timelines should be evaluated before imposing new rules. Several witnesses recommended creation of a public‑records ombudsman to mediate disputes short of court.

After questions from senators about timing and how agencies have implemented last year’s changes, Senator Anthon moved to send HB253 to the 14th order for possible amendments; Senator Taves seconded the motion and the committee carried it by voice vote.

The bill will proceed to the amending order, where sponsors and opponents said they expect to negotiate narrower language, shorter timelines and clarifications intended to protect routine journalistic and resident access.