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Committee considers bill to give nonresidents longer public‑records deadlines, higher fees
Summary
The Senate State Affairs Committee debated H 253, which would extend fulfillment timelines and allow cost‑based fees for nonresident public‑records requests; advocates warned it could hinder access for part‑year residents, student reporters and out‑of‑state media.
The Senate State Affairs Committee on March 14 weighed H 253, a bill that would give nonresidents more time and allow agencies to charge actual costs for fulfilling public‑records requests while keeping a stricter 10‑day timeline for Idaho residents. David Claiborne of Sawtooth Law, representing the Idaho Dairymen’s Association, told the committee the bill was intended to prioritize Idaho taxpayers and protect agency operations from large, voluminous requests.
Why it matters: Supporters said the change would help agencies manage heavy, often out‑of‑state requests that can impair core functions; opponents said it would reduce transparency and impede local reporting. Betsy Russell, president of Idahoans for Openness in Government, told the panel, “H 253 would cripple the application of the Idaho Public Records Law for part‑year residents, college student reporters, and others,” and urged redefining residency for records purposes. Other speakers, including Chris Cargill of Mountain States Policy Center and Ken Burgess of Veritas Advisors, said the committee should consider an ombudsman to help resolve disputes.
What proponents said: David Claiborne said the bill did not deny access but proposed differential treatment because taxpayers and non‑taxpayers impose different burdens, noting some states simply reject out‑of‑state requests. He described the amendment under discussion as defining nonresidents’ fulfillment time as 21 days with an optional extension while preserving a 10‑day timeline for residents.
Concerns and exchanges: Senator Shippy and Senator Den Hartog asked whether recent 2024 public‑records reforms already addressed the problem; Mr. Claiborne said H 253 stemmed from the Department of Agriculture’s 2024 experience with avian‑flu‑related requests and was intended to close timing loopholes. Betsy Russell recommended defining a resident as someone who has continuously lived in the state for at least 30 days, a proposal Mr. Claiborne said differed from the bill’s intent to focus on taxpayers.
Outcome and next steps: Senator Anthon moved to send H 253 to the 14th Order of Business for possible amendment, and the motion carried by voice vote. No final floor recommendation was recorded at the hearing; the committee directed further consideration and possible amendment.
