Idaho Public Records Act, Open Meetings & Ethics (Title 74)¶

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Idaho Code Title 74 (Transparent and Ethical Government)¶

Chapter 1¶

I.C. § 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 handwriting, photocopying, duplicating machine or reproducing by any other means as long as the public record is not altered or damaged.

(3) "Custodian" means the person or persons having personal custody and control of the public records in question.

(4) "Independent public body corporate and politic" means the Idaho housing and finance association as created in chapter 62, title 67 , Idaho Code.

(5) "Inspect" means the right to listen, view and make notes of public records as long as the public record is not altered or damaged.

(6) "Investigatory record" means information with respect to an identifiable person, group of persons or entities compiled by a public agency pursuant to its statutory authority in the course of investigating a specific act, omission, failure to act, or other conduct over which the public agency has regulatory authority or law enforcement authority.

(7) "Law enforcement agency" means any state or local agency given law enforcement powers or that has authority to investigate, enforce, prosecute or punish violations of state or federal criminal statutes, ordinances or regulations.

(8) "Local agency" means a county, city, school district, municipal corporation, independent public body corporate and politic, district, public health district, political subdivision, or any agency thereof, or any committee of a local agency, or any combination thereof.

(9) "Person" means any natural person, corporation, partnership, firm, association, joint venture, state or local agency or any other recognized legal entity.

(10) "Prisoner" means a person who has been convicted of a crime and is either incarcerated or on parole for that crime or who is being held in custody for trial or sentencing.

(11) "Public agency" means any state or local agency as defined in this section.

(12) "Public official" means any state, county, local district, independent public body corporate and politic or governmental official or employee, whether elected, appointed or hired.

(13) "Public record" includes, but is not limited to, any writing containing information relating to the conduct or administration of the public’s business prepared, owned, used or retained by any state agency, independent public body corporate and politic or local agency regardless of physical form or characteristics. Provided, however, that personal notes created by a public official solely for his own use shall not be a public record as long as such personal notes are not shared with any other person or entity.

(14) "Requester" means the person requesting examination and/or copying of public records pursuant to section 74-102 , Idaho Code.

(15) "Resident" means a person whose domicile has been within Idaho continuously for a period of at least thirty (30) days, excluding a full-time student who is a resident of another state, and shall also include a domestic entity as provided in section 30-21-102 , Idaho Code. Establishment of residency shall include a spouse and dependent children who reside with that person in the domicile. A domicile shall not be a person’s workplace, vacation residence, or part-time residence.

(16) "State agency" means every state officer, department, division, bureau, commission and board or any committee of a state agency, including those in the legislative or judicial branch, except the state militia and the Idaho state historical society library and archives.

(17)(a) "Unwarranted invasion of personal privacy" means:

(i) Disclosure of information used to identify, locate, or harass a juvenile, a victim of an alleged crime of mass violence or domestic violence, or a victim of physical or sexual abuse; or

(ii) Disclosure where release of information is likely to violate legitimate and substantial privacy interests of the person identified when such interests are weighed against general public information.

(b) Release of the name, age, sex, and hometown of any deceased person after notification of next-of-kin shall not constitute an unwarranted invasion of personal privacy and shall be disclosed unless otherwise exempt under this chapter.

(18) "Writing" includes, but is not limited to, handwriting, typewriting, printing, photostating, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents.

Legislative History: [74-101, added 2015, ch. 140, sec. 5, p. 344; am. 2018, ch. 143, sec. 1, p. 290; am. 2020, ch. 338, sec. 1, p. 982; am. 2022, ch. 306, sec. 1, p. 972; am. 2023, ch. 256, sec. 1, p. 773; am. 2025, ch. 298, sec. 1, p. 1246.]

I.C. § 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 by statute.

(2) The right to copy public records shall include the right to make photographs or photographic or other copies while the records are in the possession of the custodian of the records using equipment provided by the public agency or using equipment designated by the custodian.

(3) Additionally, the custodian of any public record shall give the person, on demand, a certified copy of it if the record is of a nature permitting such copying or shall furnish reasonable opportunity to inspect or copy such record.

(4) A public agency may require that a request for public records be submitted to it in a writing that specifically describes the subject matter and records sought, including a specific date range for when the records sought were created. The requesting party shall be as specific as possible when requesting records. A request shall describe records sought in sufficient detail to enable the public body to locate such records with reasonable effort. A request shall also provide the requester’s name, mailing address, email address, telephone number, and a written declaration by the requesting party attesting or affirming under oath whether such requester is a resident. A request for public records and delivery of the public records may be made by electronic mail.

(5) The custodian shall make no inquiry of any person who requests a public record, except:

(a) To verify the identity of the requester in accordance with section 74-113 , Idaho Code; or

(b) To ensure that the requested record or information will not be used for purposes of a mailing or telephone list prohibited by section 74-120 , Idaho Code, or as otherwise provided by law; or

(c) As required for purposes of protecting personal information from disclosure under chapter 2, title 49 , Idaho Code, and federal law.

(6) The custodian shall not review, examine or scrutinize any copy, photograph or memoranda in the possession of any such person and shall extend to the person all reasonable comfort and facility for the full exercise of the right granted under this act.

(7) Nothing herein contained shall prevent the custodian from maintaining such vigilance as is required to prevent alteration of any public record while it is being examined.

(8) Examination of public records under the authority of this section must be conducted during regular office or working hours unless the custodian shall authorize examination of records in other than regular office or working hours. In this event, the persons designated to represent the custodian during such examination shall be entitled to reasonable compensation to be paid to them by the public agency having custody of such records, out of funds provided in advance by the person examining such records, at other than regular office or working hours.

(9) The public agency may provide the requester information to help the requester narrow the scope of the request or to help the requester make the request more specific when the response to the request is likely to be voluminous or require payment as provided in subsection (10) of this section.

(10)(a) Except for fees that are authorized or prescribed under other provisions of Idaho law, no fee shall be charged for the first two (2) hours of labor in responding to a request submitted by a resident for public records, or for copying the first one hundred (100) pages of paper records that are requested by a resident.

(b) A public agency or public official may establish fees to recover the actual labor and copying costs associated with locating and copying documents if:

(i) The request is for more than one hundred (100) pages of paper records; or

(ii) The request includes records from which nonpublic information must be deleted; or

(iii) The actual labor associated with responding to requests for public records in compliance with the provisions of this chapter exceeds two (2) person hours.

(c) A public agency or public official may establish separate copying fee schedules for requests submitted by residents and requests submitted by persons who are not residents. The fee for residents may not exceed the actual cost to the agency of copying the record if another fee is not otherwise provided by law.

(d)(i) For providing a duplicate of a computer tape, computer disc, microfilm or similar or analogous record system containing public record information, a public agency or public official may charge a fee, uniform to all residents, that does not exceed the sum of the following:

1. The agency’s direct cost of copying the information in that form;

2. The standard cost, if any, for selling the same information in the form of a publication;

3. The agency’s cost of conversion, or the cost of conversion charged by a third party, if the existing electronic record is converted to another electronic form.

(ii) A public agency or public official may charge additional fees, uniform to all persons who are not residents, for requests involving duplication of a computer tape, computer disc, microfilm or similar or analogous record system containing public record information.

(e) Fees for requests made by residents shall not exceed reasonable labor costs necessarily incurred in responding to a public records request, and if charged, shall reflect the personnel and quantity of time that are reasonably necessary to process a request. Fees for requests made by residents for labor costs shall be charged at the per hour pay rate of the lowest paid administrative staff employee or public official of the public agency who is necessary and qualified to process the request. If a request from a resident requires redactions to be made by an attorney who is employed by the public agency, the rate charged shall be no more than the per hour rate of the lowest paid attorney within the public agency who is necessary and qualified to process the public records request. If a request from a resident is submitted to a public agency that does not have an attorney on staff, and requires redactions by an attorney, the rate shall be no more than the usual and customary rate of the attorney who is retained by the public agency for that purpose.

(f) The public agency shall not charge any cost or fee for copies or labor when the requester is a resident and demonstrates that the requester’s examination and/or copying of public records:

(i) Is likely to contribute significantly to the public’s understanding of the operations or activities of the government;

(ii) Is not primarily in the individual interest of the requester including, but not limited to, the requester’s interest in litigation in which the requester is or may become a party; and

(iii) Will not occur if fees are charged because the requester has insufficient financial resources to pay such fees.

(g) Notwithstanding any provision of law to the contrary, a public agency or public official may charge fees for labor and copying costs associated with locating and copying documents requested by a person who is not a resident or an employee of a resident. The fee rates and schedule for requests made by persons who are not residents or employees of residents shall be at the discretion of the public agency or public official as long as such fees do not exceed actual costs of the public agency or public official.

(h) Statements of fees by a public agency shall be itemized to show the per page costs for copies, and hourly rates of employees and attorneys involved in responding to the request, and the actual time spent on the public records request. No lump sum costs shall be assigned to any public records request. If a separate fee schedule is adopted for requests from persons who are not residents or employees of residents, the separate fees for such nonresidents shall be separately identified.

(11) A requester may not file multiple requests for public records solely to avoid payment of fees. When a public agency reasonably believes that one (1) or more requesters is segregating a request into a series of requests to avoid payment of fees authorized pursuant to this section, the public agency may aggregate such requests and charge the appropriate fees. The public agency may consider the time period in which the requests have been made in its determination to aggregate the related requests. A public agency shall not aggregate multiple requests on unrelated subjects from one (1) requester.

(12) The custodian may require advance payment of fees authorized by this section. Any money received by the public agency shall be credited to the account for which the expense being reimbursed was or will be charged, and such funds may be expended by the agency as part of its appropriation from that fund. Any portion of an advance payment in excess of the actual costs of labor and copying incurred by the agency in responding to the request shall be returned to the requester.

(13) A public agency shall not prevent the examination or copying of a public record by contracting with a nongovernmental body to perform any of its duties or functions.

(14) Nothing contained herein shall prevent a public agency from disclosing statistical information that is descriptive of an identifiable person or persons, unless prohibited by law.

(15) Nothing contained herein shall prevent a public agency from providing a copy of a public record in electronic form if the record is available in electronic form and if the person specifically requests an electronic copy.

(16) A public agency or elected official shall designate a custodian or custodians for all public records, which includes any public official having custody of, control of, or authorized access to public records and also includes all delegates of such officials, employees or representatives.

Legislative History: [74-102, added 2015, ch. 140, sec. 5, p. 345; am. 2018, ch. 143, sec. 2, p. 291; am. 2020, ch. 338, sec. 2, p. 983; am. 2022, ch. 306, sec. 2, p. 973; am. 2025, ch. 298, sec. 2, p. 1247.]

I.C. § 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 public agency shall have no obligation and shall not be deemed to have assumed any obligation to respond to a public records request that fails to comply with the requirements of this subsection. A public records request must clearly indicate that it is a public records request.

(2) A public agency or custodian shall either grant or deny a resident’s request to examine or copy public records within three (3) working days of the date of the receipt of the request for examination or copying. A public agency or custodian shall either grant or deny a request from a person who is not a resident and not employed by a resident to examine or copy public records within twenty-one (21) days of the date of the receipt of the request for examination or copying. If it is determined by employees of the public agency that a longer period of time is needed to locate or retrieve the public records, the public agency shall so notify in writing the person requesting to examine or copy the records and shall provide the public records no later than ten (10) working days following the person’s request, if such person is a resident, and no later than thirty-five (35) days following a request from a nonresident. Additionally, if it is determined that the existing electronic record requested will first have to be converted to another electronic format by the agency or by a third party and that such conversion cannot be completed within the time allotted for the response, the agency shall so notify in writing the person requesting to examine or copy the records. The agency shall provide the converted public record at a time mutually agreed upon between the agency and the requester, with due consideration given to any limitations that may exist due to the process of conversion or due to the use of a third party to make the conversion.

(3) If the public agency or custodian fails to respond within the time allotted for the response, the request shall be deemed to be denied.

(4) If the public agency denies the person’s request for examination or copying the public records or denies in part and grants in part the person’s request for examination and copying of the public records, the person legally responsible for administering the public agency or that person’s designee shall notify the person in writing of the denial or partial denial of the request for the public record.

(5) The notice of denial or partial denial shall state that the attorney for the public agency has reviewed the request or shall state that the public agency has had an opportunity to consult with an attorney regarding the request for examination or copying of a record and has chosen not to do so. The notice of denial or partial denial also shall indicate the statutory authority for the denial and indicate clearly the person’s right to appeal the denial or partial denial and the time periods for doing so.

Legislative History: [74-103, added 2015, ch. 140, sec. 5, p. 348; am. 2022, ch. 306, sec. 3, p. 976; am. 2024, ch. 107, sec. 1, p. 477; am. 2025, ch. 298, sec. 3, p. 1250.]

I.C. § 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 or state law or federal regulations to the extent specifically provided for by such law or regulation.

(b) Records contained in court files of judicial proceedings, the disclosure of which is prohibited by or under rules adopted by the Idaho supreme court, but only to the extent that confidentiality is provided under such rules, and any drafts or other working memoranda related to judicial decision-making, provided the provisions of this subsection making records exempt from disclosure shall not apply to the extent that such records or information contained in those records are necessary for a background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition.

(c) Any writings, drafts, notes, or working memoranda related to decision-making in any proceeding before the office of administrative hearings pursuant to sections 67-5280 through 67-5286 , Idaho Code, as well as any records that are otherwise exempt from disclosure under this chapter that are filed or submitted to the office of administrative hearings in the course of any proceedings before it. Orders issued by the office of administrative hearings are not exempt from disclosure under this section, unless otherwise exempt from disclosure under this chapter.

(2) The judicial council ratings and tabulated scores from attorney questionnaires of candidates for a judicial vacancy whose names are submitted to the governor and the summary prepared pursuant to section 1-2102 (4), Idaho Code, shall be public.

Legislative History: [74-104, added 2015, ch. 140, sec. 5, p. 349; am. 2023, ch. 182, sec. 7, p. 502; am. 2023, ch. 210, sec. 4, p. 587; am. 2024, ch. 16, sec. 16, p. 151.]

I.C. § 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 in section 74-101 (7), Idaho Code, under the conditions set forth in section 74-124 , Idaho Code.

(2) Juvenile records of a person maintained pursuant to chapter 5, title 20 , Idaho Code, except that facts contained in such records shall be furnished upon request in a manner determined by the court to persons and governmental and private agencies and institutions conducting pertinent research studies or having a legitimate interest in the protection, welfare and treatment of the juvenile who is thirteen (13) years of age or younger. If the juvenile is petitioned or charged with an offense that would be a criminal offense if committed by an adult, the name, offense of which the juvenile was petitioned or charged, and disposition of the court shall be subject to disclosure as provided in section 20-525 , Idaho Code. Additionally, facts contained in any records of a juvenile maintained pursuant to chapter 5, title 20 , Idaho Code, shall be furnished upon request to any school district where the juvenile is enrolled or is seeking enrollment.

(3) Records of the custody review board of the Idaho department of juvenile corrections, including records containing the names, addresses and written statements of victims and family members of juveniles, shall be exempt from public disclosure pursuant to section 20-533A , Idaho Code.

(4)(a) The following records of the department of correction and the department of juvenile corrections:

(i) Records of which the public interest in confidentiality, public safety, security and habilitation clearly outweighs the public interest in disclosure as identified pursuant to the authority of the state board of correction under section 20-212 , Idaho Code, or the authority of the department of juvenile corrections under section 20-504 , Idaho Code;

(ii) Records that contain any identifying information or any information that would lead to the identification of any victims or witnesses;

(iii) Records that reflect future transportation or movement of a prisoner or juvenile;

(iv) Records gathered during the course of the presentence investigation or records gathered during the observation and assessment process at the department of juvenile corrections; and

(v) Records of a prisoner as defined in section 74-101 (10), Idaho Code, or probationer shall not be disclosed to any other prisoner or probationer.

(b) Records, other than public expenditure records, related to proposed or existing critical infrastructure held by or in the custody of any public agency only when the disclosure of such information is reasonably likely to jeopardize the safety of persons, property or the public safety. Such records may include emergency evacuation, escape or other emergency response plans, vulnerability assessments, operation and security manuals, plans, blueprints or security codes. For purposes of this paragraph, "system" includes electrical, computer and telecommunications systems, electric power (including production, generating, transportation, transmission and distribution), and heating, ventilation, and air conditioning. For purposes of this subsection, "critical infrastructure" means any system or asset, whether physical or virtual, so vital to the state of Idaho, including its political subdivisions, that the incapacity or destruction of such system or asset would have a debilitating impact on state or national economic security, state or national public health or safety, or any combination of those matters.

(c) Records of the Idaho commission of pardons and parole shall be exempt from public disclosure pursuant to sections 20-1003 and 20-1005 , Idaho Code. Records exempt from disclosure shall also include those containing the names, addresses and written statements of victims.

(5) Voting records of the former sexual offender classification board. The written record of the vote to classify an offender as a violent sexual predator by each board member in each case reviewed by that board member shall be exempt from disclosure to the public and shall be made available upon request only to the governor, the chairman of the senate judiciary and rules committee, and the chairman of the house of representatives judiciary, rules and administration committee for all lawful purposes.

(6) Records of the sheriff or Idaho state police received or maintained pursuant to sections 18-3302 , 18-3302H and 18-3302K , Idaho Code, relating to an applicant or licensee, except that any law enforcement officer and law enforcement agency, whether inside or outside the state of Idaho, may access information maintained in the license record system as set forth in section 18-3302K (16), Idaho Code.

(7) Records of investigations prepared by the department of health and welfare pursuant to its statutory responsibilities dealing with the protection of children, the rehabilitation of youth, adoptions and the commitment of mentally ill persons. For reasons of health and safety, best interests of the child or public interest, the department of health and welfare may provide for the disclosure of records of investigations associated with actions pursuant to the provisions of chapter 16, title 16 , Idaho Code, prepared by the department of health and welfare pursuant to its statutory responsibilities dealing with the protection of children, except any such records regarding adoptions shall remain exempt from disclosure.

(8) Records, including but not limited to investigative reports, resulting from investigations conducted into complaints of discrimination made to the Idaho human rights commission, unless the public interest in allowing inspection and copying of such records outweighs the legitimate public or private interest in maintaining confidentiality of such records. A person may inspect and copy documents from an investigative file to which he or she is a named party if such documents are not otherwise prohibited from disclosure by federal law or regulation or state law. The confidentiality of this subsection will no longer apply to any record used in any judicial proceeding brought by a named party to the complaint or investigation, or by the Idaho human rights commission, relating to the complaint of discrimination.

(9) Records containing information obtained by the manager of the Idaho state insurance fund pursuant to chapter 9, title 72 , Idaho Code, from or on behalf of employers or employees contained in underwriting and claims for benefits files.

(10)(a) The worker’s compensation records of the Idaho industrial commission, provided that the industrial commission shall make such records available:

(i) To the parties in any worker’s compensation claim and to the industrial special indemnity fund of the state of Idaho;

(ii) To employers and prospective employers subject to the provisions of the Americans with disabilities act, 42 U.S.C. 12112, or other statutory limitations, who certify that the information is being requested with respect to a worker to whom the employer has extended an offer of employment and will be used in accordance with the provisions of the Americans with disabilities act, 42 U.S.C. 12112, or other statutory limitations;

(iii) To employers and prospective employers not subject to the provisions of the Americans with disabilities act, 42 U.S.C. 12112, or other statutory limitations, provided the employer presents a written authorization from the person to whom the records pertain; or

(iv) To others who demonstrate that the public interest in allowing inspection and copying of such records outweighs the public or private interest in maintaining the confidentiality of such records, as determined by a civil court of competent jurisdiction.

(b) Although a claimant’s records maintained by the industrial commission, including medical and rehabilitation records, are otherwise exempt from public disclosure, the quoting or discussing of medical or rehabilitation records contained in the industrial commission’s records during a hearing for compensation or in a written decision issued by the industrial commission shall be permitted; provided further, the true identification of the parties shall not be exempt from public disclosure in any written decision issued and released to the public by the industrial commission.

(11) Records of investigations compiled by the commission on aging involving vulnerable adults as defined in section 18-1505 , Idaho Code, alleged to be abused, neglected or exploited.

(12) Criminal history records and fingerprints as defined in section 67-3001 , Idaho Code, and compiled by the Idaho state police. Such records shall be released only in accordance with chapter 30, title 67 , Idaho Code.

(13) Records furnished or obtained pursuant to section 41-1019 , Idaho Code, regarding termination of an appointment, employment, contract or other insurance business relationship between an insurer and a producer.

(14) Records of a prisoner or former prisoner in the custody of any state or local correctional facility, when the request is made by another prisoner in the custody of any state or local correctional facility.

(15) Except as provided in section 72-1007 , Idaho Code, records of the Idaho industrial commission relating to compensation for crime victims pursuant to chapter 10, title 72 , Idaho Code.

(16) Records or information identifying a complainant maintained by the department of health and welfare pursuant to section 39-3556 , Idaho Code, relating to certified family homes, unless the complainant consents in writing to the disclosure or the disclosure of the complainant’s identity is required in any administrative or judicial proceeding.

(17) Records of any certification or notification required by federal law to be made in connection with the acquisition or transfer of a firearm, including a firearm as defined in 26 U.S.C. 5845(a).

(18) Records of the office of the state public defender and the office of the state appellate public defender containing information protected or exempted from disclosure under the rules adopted by the Idaho supreme court, attorney work product, attorney-client privileged communication, records containing confidential information from an individual about his criminal case or performance of his attorney, or confidential information about an inquiry into an attorney’s fitness to represent indigent defendants.

(19) Records and information received by the office of the state controller from any local government, state agency and department, or volunteer nongovernmental entity for purposes of entry into the criminal justice integrated data system pursuant to section 19-4803 , Idaho Code, and all records created by persons authorized to research and analyze information entered into the criminal justice integrated data system, regardless of whether such records were previously exempted from disclosure or redacted pursuant to state or federal law or court order. This exemption does not apply to projects, reports, and data analyses approved for release by the data oversight council and issued by persons authorized to conduct research and analysis as set forth in chapter 48, title 19 , Idaho Code. Records and information relating to the management of the criminal justice integrated data system shall not be exempt from disclosure except as otherwise provided in law.

(20) Records that contain any identifying information or any information that could lead to the identification of any persons or entities that participate in or assist with an execution of a death sentence as described in section 19-2716A , Idaho Code.

(21) Records, other than public expenditure records, relating to the nature, location, or function of cybersecurity devices, programs, or systems designed to protect computer, information technology, or communications systems against terrorist or other attacks.

(22) Any index, report, or records of any person arrested for, prosecuted for, or convicted of a crime in this state who has successfully petitioned a court to have his records shielded from disclosure pursuant to section 67-3004 (11), Idaho Code.

(23) Any record of an unlawful detainer under section 6-303 , Idaho Code, if shielded by the court pursuant to section 6-303A , Idaho Code.

(24) The report required in section 67-5775A , Idaho Code, until a settlement is reached or the claim is otherwise closed.

(25) Any photographs or images of a decedent taken as part of a coroner death investigation or law enforcement investigation regardless of whether such investigation is active or not; however, such photographs or images may be disclosed upon request to a decedent’s next of kin once the coroner death investigation, law enforcement investigation, and criminal case, including all appeals and all civil proceedings related to the criminal case, are no longer active. As used in this subsection, "next of kin" means the closest living relative in the order of spouse, adult children, parents, siblings, and grandparents.

Legislative History: [74-105, added 2015, ch. 140, sec. 5, p. 349; am. 2015, ch. 303, sec. 8, p. 1199; am. 2016, ch. 164, sec. 1, p. 446; am. 2016, ch. 279, sec. 1, p. 769; am. 2017, ch. 275, sec. 1, p. 721; am. 2020, ch. 128, sec. 1, p. 405; am. 2020, ch. 239, sec. 2, p. 699; am. 2021, ch. 30, sec. 1, p. 69; am. 2021, ch. 196, sec. 26, p. 542; am. 2022, ch. 182, sec. 2, p. 591; am. 2022, ch. 232, sec. 1, p. 752; am. 2023, ch. 108, sec. 2, p. 318; am. 2023, ch. 218, sec. 30, p. 655; am. 2023, ch. 220, sec. 39, p. 686; am. 2024, ch. 269, sec. 2, p. 933; am. 2026, ch. 61, sec. 1, p. 258; am. 2026, ch. 148, sec. 1, p. 685; am. 2026, ch. 282, sec. 3, p. 1178.]

I.C. § 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 other than the public official’s public service or employment history, classification, pay grade and step, longevity, gross salary and salary history, including bonuses, severance packages, other compensation or vouchered and unvouchered expenses for which reimbursement was paid, status, workplace and employing agency. All other personnel information relating to a public employee or applicant, including but not limited to information regarding sex, race, marital status, birth date, home address and telephone number, social security number, driver’s license number, applications, testing and scoring materials, grievances, correspondence and performance evaluations, shall not be disclosed to the public without the employee’s or applicant’s written consent. Names of applicants to classified or merit system positions shall not be disclosed to the public without the applicant’s written consent. Disclosure of names as part of a background check is permitted. The name of the sole finalist to all other positions shall be available to the public. A public official or authorized representative may inspect and copy his personnel records, except for material used to screen and test for employment.

(2) Retired employees’ and retired public officials’ home addresses, home telephone numbers and other financial and nonfinancial membership records; and active and inactive member financial and membership records and mortgage portfolio loan documents maintained by the public employee retirement system. Financial statements prepared by retirement system staff, funding agents and custodians concerning the investment of assets of the public employee retirement system of Idaho are not considered confidential under this chapter.

(3) Information and records submitted to the Idaho state lottery for the performance of background investigations of employees, lottery retailers and major procurement contractors; audit records of lottery retailers, vendors and major procurement contractors submitted to or performed by the Idaho state lottery; validation and security tests of the state lottery for lottery games; and business records and information submitted pursuant to sections 67-7412 (8) and (9) and 67-7421 (8) and (9), Idaho Code, and such documents and information obtained and held for the purposes of lottery security and investigative action as determined by lottery rules, unless the public interest in disclosure substantially outweighs the private need for protection from public disclosure.

(4) Records of a personal nature as follows:

(a) Records of personal debt filed with a public agency pursuant to law;

(b) Personal bank records compiled by a public depositor for the purpose of public funds transactions conducted pursuant to law;

(c) Records of ownership of financial obligations and instruments of a public agency, such as bonds, compiled by the public agency pursuant to law;

(d) Records with regard to the ownership of or security interests in registered public obligations;

(e) Vital statistics records;

(f) Military records as described in and pursuant to section 65-301 , Idaho Code;

(g) Social security numbers; and

(h) The following personal data identifiers for an individual may be disclosed only in the following redacted format:

(i) The initials of any minor children of the individual;

(ii) A date of birth in substantially the following format: XX/XX/birth year;

(iii) The last four (4) digits of a financial account number in substantially the following format: XXXXX1234;

(iv) The last four (4) digits of a driver’s license number or state-issued personal identification card number in substantially the following format: XXXXX350F; and

(v) The last four (4) digits of an employer identification number or business’s taxpayer identification number.

(5) Information in an income or other tax return measured by items of income or sales that is gathered by a public agency for the purpose of administering the tax, except such information to the extent disclosed in a written decision of the tax commission pursuant to a taxpayer protest of a deficiency determination by the tax commission, under the provisions of section 63-3045B , Idaho Code.

(6) Records of a personal nature related directly or indirectly to the application for and provision of statutory services rendered to persons applying for public care for people who are elderly, indigent or have mental or physical disabilities or participation in an environmental or a public health study, provided the provisions of this subsection making records exempt from disclosure shall not apply to the extent that such records or information contained in those records are necessary for a background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition.

(7) Employment security information, except that a person may agree, through written, informed consent, to waive the exemption so that a third party may obtain information pertaining to the person, unless access to the information by the person is restricted by subsection (3)(a), (b) or (d) of section 74-113 , Idaho Code. Notwithstanding the provisions of section 74-113 , Idaho Code, a person may not review identifying information concerning an informant who reported to the department of labor a suspected violation by the person of the employment security law, chapter 13, title 72 , Idaho Code, under an assurance of confidentiality. As used in this section and in chapter 13, title 72 , Idaho Code, "employment security information" means any information descriptive of an identifiable person or persons that is received by, recorded by, prepared by, furnished to or collected by the department of labor or the industrial commission in the administration of the employment security law.

(8) Any personal records, other than names, business addresses and business phone numbers, such as parentage, race, religion, sex, height, weight, tax identification and social security numbers, financial worth or medical condition submitted to any public agency pursuant to a statutory requirement for licensing, certification, permit or bonding.

(9) Unless otherwise provided by agency rule, information obtained as part of an inquiry into a person’s fitness to be granted or retain a license, certificate, permit, privilege, commission or position and private association peer review committee records authorized in title 54 , Idaho Code. Any agency that has records exempt from disclosure under the provisions of this subsection shall annually make available a statistical summary of the number and types of matters considered and their disposition.

(10) The records, findings, determinations and decisions of any prelitigation screening panel formed under chapters 10 and 23, title 6 , Idaho Code.

(11) Complaints received by the board of medicine and investigations and informal proceedings, including informal proceedings of any committee of the board of medicine, pursuant to chapter 18, title 54 , Idaho Code, and rules adopted thereunder.

(12) Records of the department of health and welfare or a public health district that identify a person infected with a reportable disease.

(13) Records of hospital care, medical records, including prescriptions, drug orders, records or any other prescription information that specifically identifies an individual patient, prescription records maintained by the board of pharmacy under sections 37-2726 and 37-2730A , Idaho Code, records of psychiatric care or treatment and professional counseling records relating to an individual’s condition, diagnosis, care or treatment, provided the provisions of this subsection making records exempt from disclosure shall not apply to the extent that such records or information contained in those records are necessary for a background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition.

(14) Information collected pursuant to the directory of new hires act, chapter 16, title 72 , Idaho Code.

(15) Personal information contained in motor vehicle and driver records that is exempt from disclosure under the provisions of chapter 2, title 49 , Idaho Code.

(16) Records of the financial status of prisoners pursuant to subsection (2) of section 20-607 , Idaho Code.

(17) Records of the Idaho state police or department of correction received or maintained pursuant to section 19-5514 , Idaho Code, relating to DNA databases and databanks.

(18) Records of the department of health and welfare relating to a survey, resurvey or complaint investigation of a licensed nursing facility. Such records shall, however, be subject to disclosure as public records as soon as the facility in question has received the report and no later than the fourteenth day following the date that department of health and welfare representatives officially exit the facility pursuant to federal regulations. Provided however, that for purposes of confidentiality, no record shall be released under this section that specifically identifies any nursing facility resident.

(19) Records and information contained in the registry of immunizations against childhood diseases maintained in the department of health and welfare, including information disseminated to others from the registry by the department of health and welfare.

(20) Records of the Idaho housing and finance association (IHFA) relating to the following:

(a) Records containing personal financial, family, health or similar personal information submitted to or otherwise obtained by the IHFA;

(b) Records submitted to or otherwise obtained by the IHFA with regard to obtaining and servicing mortgage loans and all records relating to the review, approval or rejection by the IHFA of said loans;

(c) Mortgage portfolio loan documents;

(d) Records of a current or former employee other than the employee’s duration of employment with the association, position held and location of employment. This exemption from disclosure does not include the contracts of employment or any remuneration, including reimbursement of expenses, of the executive director, executive officers or commissioners of the association. All other personnel information relating to an association employee or applicant, including but not limited to information regarding sex, race, marital status, birth date, home address and telephone number, applications, testing and scoring materials, grievances, correspondence, retirement plan information and performance evaluations, shall not be disclosed to the public without the employee’s or applicant’s written consent. An employee or authorized representative may inspect and copy that employee’s personnel records, except for material used to screen and test for employment or material not subject to disclosure elsewhere in the Idaho public records act.

(21) Records of the department of health and welfare related to child support services in cases in which there is reasonable evidence of domestic violence, as defined in chapter 63, title 39 , Idaho Code, that can be used to locate any individuals in the child support case except in response to a court order.

(22) Records of the Idaho state bar lawyer assistance program pursuant to chapter 49, title 54 , Idaho Code, unless a participant in the program authorizes the release pursuant to subsection (4) of section 54-4901 , Idaho Code.

(23) Records and information contained in the time sensitive emergency registry created by chapter 9, title 46 , Idaho Code, together with any reports, analyses and compilations created from such information and records.

(24) Records contained in the court files or other records prepared as part of proceedings for judicial authorization of sterilization procedures pursuant to chapter 39, title 39 , Idaho Code.

(25) The physical voter registration application on file in the county clerk’s office; however, a redacted copy of said application shall be made available consistent with the requirements of this section. Information from the voter registration application maintained in the statewide voter registration database, including age, will be made available except for the voter’s driver’s license number, date of birth and, upon a showing that the voter comes within the provisions of subsection (30) of this section or upon showing of good cause by the voter to the county clerk in consultation with the county prosecuting attorney, the physical residence address of the voter. For the purposes of this subsection, good cause shall include the protection of life and property and protection of victims of domestic violence and similar crimes.

(26) Information in the files of the health care directive registry maintained by the department of health and welfare under section 39-4515 , Idaho Code, is confidential and shall not be disclosed to any person other than to the person who executed an advance care planning document or the revocation thereof and that person’s surrogate decision-maker, to the person who registered an advance care planning document or revocation thereof, and to physicians, hospitals, medical personnel, nursing homes, and other persons who have been granted access to the documents in the registry.

(27) Records in an address confidentiality program participant’s file as provided for in chapter 57, title 19 , Idaho Code, other than the address designated by the secretary of state, except under the following circumstances:

(a) If requested by a law enforcement agency, to the law enforcement agency; or

(b) If directed by a court order, to a person identified in the order.

(28) Except as otherwise provided by law relating to the release of information to a governmental entity or law enforcement agency, any personal information, including but not limited to names, personal and business addresses and phone numbers, sex, height, weight, date of birth, social security and driver’s license numbers, or any other identifying numbers or information related to any Idaho fish and game licenses, permits and tags unless written consent is obtained from the affected person.

(29) Documents and records related to alternatives to discipline that are maintained by the Idaho board of veterinary medicine under the provisions of section 54-2118 (1)(b), Idaho Code, provided the requirements set forth therein are met.

(30) The Idaho residential street address and telephone number of an eligible law enforcement or judicial officer and such officer’s residing household members as provided for in chapters 58 and 62, title 19 , Idaho Code, except under the following circumstances:

(a) If directed by a court order, to a person identified in the court order;

(b) If requested by a law enforcement agency, to the law enforcement agency;

(c) If requested by a financial institution or title company for business purposes, to the requesting financial institution or title company; or

(d) If the law enforcement or judicial officer provides written permission for disclosure of such information.

(31) All information exchanged between the Idaho transportation department and insurance companies, any database created, all information contained in the verification system and all reports, responses or other information generated for the purposes of the verification system, pursuant to section 49-1234 , Idaho Code.

(32) Nothing in this section shall prohibit the release of information to the state controller as the state social security administrator as provided in section 59-1101A , Idaho Code.

(33) Personal information, including but not limited to property values, personal and business addresses, phone numbers, dates of birth, social security and driver’s license numbers or any other identifying numbers or information maintained by the administrator of the unclaimed property law set forth in chapter 5, title 14 , Idaho Code. Nothing in this subsection shall prohibit the release of names, last known city of residence, property value ranges and general property information by the administrator for the purpose of reuniting unclaimed property with its owner.

(34) Any personal information collected by the secretary of state, pursuant to section 67-906 (1)(b), Idaho Code, for the purpose of allowing individuals to access the statewide electronic filing system authorized in section 67-906 , Idaho Code, except campaign contact phone numbers for candidates or committees, which shall be publicly available upon request; and any notification email addresses submitted as part of a lobbyist’s registration under section 74-703 , Idaho Code, of an employer, client, or designated contact for the purpose of electronic notification of that employer, client, or designated contact of a report filed under section 74-705 , Idaho Code.

Legislative History: [74-106, added 2015, ch. 140, sec. 5, p. 351; am. 2016, ch. 343, sec. 2, p. 982; am. 2016, ch. 359, sec. 9, p. 1056; am. 2017, ch. 146, sec. 2, p. 353; am. 2018, ch. 143, sec. 3, p. 294; am. 2019, ch. 290, sec. 8, p. 857; am. 2020, ch. 279, sec. 1, p. 813; am. 2020, ch. 297, sec. 4, p. 862; am. 2022, ch. 305, sec. 5, p. 966; am. 2022, ch. 306, sec. 4, p. 977; am. 2023, ch. 179, sec. 3, p. 484; am. 2023, ch. 307, sec. 22, p. 937; am. 2024, ch. 16, sec. 17, p. 152; am. 2025, ch. 94, sec. 37, p. 491; am. 2025, ch. 280, sec. 13, p. 1198; am. 2026, ch. 3, sec. 2, p. 11.]

I.C. § 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 contained in response to public agency requests for proposal, requests for clarification, requests for information, and similar requests. "Trade secrets," as used in this section, means information, including a formula, pattern, compilation, program, computer program, device, method, technique, process, or unpublished or in-progress research that:

(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

(2) Production records, housing production, rental and financing records, sale or purchase records, catch records, mortgage portfolio loan documents, or similar business records of a private concern or enterprise required by law to be submitted to or inspected by a public agency or submitted to or otherwise obtained by an independent public body corporate and politic. Nothing in this subsection shall limit the use that can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding.

(3) Records relating to the appraisal of real property, timber, or mineral rights prior to its acquisition, sale, or lease by a public agency.

(4) Any estimate prepared by a public agency that details the cost of a public project until such time as disclosed or bids are opened, or upon award of the contract for construction of the public project.

(5) Examination, operating, or condition reports and all documents relating thereto, prepared by or supplied to any public agency responsible for the regulation or supervision of financial institutions, including but not limited to banks, savings and loan associations, regulated lenders, business and industrial development corporations, credit unions, and insurance companies, or for the regulation or supervision of the issuance of securities.

(6) Records gathered by a local agency or the Idaho department of commerce, as described in chapter 47, title 67 , Idaho Code, for the specific purpose of assisting a person to locate, maintain, invest in, or expand business operations in the state of Idaho.

(7) Shipping and marketing records of commodity commissions used to evaluate marketing and advertising strategies and the names and addresses of growers and shippers maintained by commodity commissions.

(8) Financial statements and business information and reports submitted by a legal entity to a port district organized pursuant to title 70 , Idaho Code, in connection with a business agreement, or with a development proposal or with a financing application for any industrial, manufacturing, or other business activity within a port district.

(9) Names and addresses of seed companies, seed crop growers, seed crop consignees, locations of seed crop fields, variety name, and acreage by variety. Upon the request of the owner of the proprietary variety, this information shall be released to the owner. Provided however, that if a seed crop has been identified as diseased or has been otherwise identified by the Idaho department of agriculture, other state departments of agriculture, or the United States department of agriculture to represent a threat to that particular seed or commercial crop industry or to individual growers, information as to test results, location, acreage involved, and disease symptoms of that particular seed crop, for that growing season, shall be available for public inspection and copying. This exemption shall not supersede the provisions of section 22-436 , Idaho Code, nor shall this exemption apply to information regarding specific property locations subject to an open burning of crop residue pursuant to section 39-114 , Idaho Code, names of persons responsible for the open burn, acreage and crop type to be burned, and time frames for burning.

(10) Information obtained from books, records, and accounts required in chapter 47, title 22 , Idaho Code, to be maintained by the Idaho oilseed commission and pertaining to the individual production records of oilseed growers.

(11) Records of any risk retention or self-insurance program prepared in anticipation of litigation or for analysis of or settlement of potential or actual money damage claims against a public entity and its employees or against the industrial special indemnity fund except as otherwise discoverable under the Idaho or federal rules of civil procedure. These records shall include but are not limited to claims evaluations, investigatory records, computerized reports of losses, case reserves, internal documents, and correspondence relating thereto. At the time any claim is concluded, only statistical data and actual amounts paid in settlement shall be deemed a public record unless otherwise ordered to be sealed by a court of competent jurisdiction. Provided however, nothing in this subsection is intended to limit the attorney-client privilege or attorney work product privilege otherwise available to any public agency.

(12) Records of laboratory test results provided by or retained by the Idaho food quality assurance laboratory. Nothing in this subsection shall limit the use that can be made, or availability of such information if used, for regulatory purposes or its admissibility in any enforcement proceeding.

(13) Reports required to be filed pursuant to chapter 13, title 62 , Idaho Code, identifying electrical or natural or manufactured gas consumption data for an individual customer or account.

(14) Voluntarily prepared environmental audits, and voluntary disclosures of information submitted on or before December 31, 1997, to an environmental agency, which are claimed to be confidential business information.

(15) Computer programs developed or purchased by or for any public agency for its own use. As used in this subsection, "computer program" means a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system, and any associated documentation and source material that explain how to operate the computer program. Computer program does not include:

(a) The original data, including but not limited to numbers, text, voice, graphics, and images;

(b) Analysis, compilation, and other manipulated forms of the original data produced by use of the program; or

(c) The mathematical or statistical formulas that would be used if the manipulated forms of the original data were to be produced manually.

(16) Active investigative records and trademark usage audits of the Idaho potato commission specifically relating to the enforcement of chapter 12, title 22 , Idaho Code, until the commencement of formal proceedings as provided by rules of the commission, purchase and sales information submitted to the Idaho potato commission during a trademark usage audit, and investigation or enforcement proceedings. Inactive investigatory records shall be disclosed unless the disclosure would violate the standards set forth in subsection (1)(a) through (f) of section 74-124 , Idaho Code. Nothing in this subsection shall limit the use that can be made, or availability of such information if used, for regulatory purposes or its admissibility in any enforcement proceeding.

(17) All records copied or obtained by the director of the department of agriculture or his designee as a result of an inspection pursuant to section 25-3806 , Idaho Code, except:

(a) Records otherwise deemed to be public records not exempt from disclosure pursuant to this chapter; and

(b) Inspection reports, determinations of compliance or noncompliance, and all other records created by the director or his designee pursuant to section 25-3806 , Idaho Code.

(18) All data and information collected by the division of animal industries or the state brand board pursuant to the provisions of section 25-207B , Idaho Code, or rules promulgated thereunder.

(19) Records disclosed to a county official by the state tax commission pursuant to subsection (4)(c) of section 63-3029B , Idaho Code.

(20) Records, data, information and materials collected, developed, generated, ascertained, or discovered during the course of academic research at public institutions of higher education if the disclosure of such could reasonably affect the conduct or outcome of the research, or the ability of the public institution of higher education to patent or copyright the research or protect intellectual property.

(21) Records, data, information, and materials collected or utilized during the course of academic research at public institutions of higher education provided by any person or entity other than the public institution of higher education or a public agency.

(22) The exemptions from disclosure provided in subsections (20) and (21) of this section shall apply only until the academic research is publicly released, copyrighted, or patented, or until the academic research is completed or terminated. At such time, the records, data, information, and materials shall be subject to public disclosure, unless: (a) another exemption in this chapter applies; (b) such information was provided to the institution subject to a written agreement of confidentiality; or (c) public disclosure would pose a danger to persons or property.

(23) The exemptions from disclosure provided in subsections (20) and (21) of this section do not include basic information about a particular research project that is otherwise subject to public disclosure, such as the nature of the academic research, the name of the researcher, and the amount and source of the funding provided for the project.

(24) Records of a county assessor, the state tax commission, a county board of equalization, or the state board of tax appeals containing the following information: (i) lists of personal property required to be filed pursuant to section 63-302 , Idaho Code, and operating statements required to be filed pursuant to section 63-404 , Idaho Code; and (ii) confidential commercial or financial information, including trade secrets. Except with respect to lists of personal property required to be filed pursuant to section 63-302 , Idaho Code, and the operator statements required to be filed pursuant to section 63-404 , Idaho Code, it shall be the responsibility of the taxpayer to give notice of its claim to exemption by stamping or marking each page or the first page of each portion of documents so claimed. No records that are exempt pursuant to this subsection shall be disclosed without the consent of the taxpayer except as follows:

(a) To any officer, employee, or authorized representative of the state or the United States, under a continuing claim of confidentiality, as necessary to carry out the provisions of state or federal law or when relevant to any proceeding thereunder.

(b) In the publication of statistics or reports as long as the statistics or reports do not reasonably lead to the identification of the specific taxpayer or information submitted by taxpayers exempt pursuant to this subsection.

(c) To the board of tax appeals or the district court as evidence or otherwise in connection with an appeal of the taxpayer’s property tax assessment, but only if the board or the court, as applicable, has entered a protective order specifying that the taxpayer information may not be disclosed by any person conducting or participating in the action or proceeding, except as authorized by the board or the court in accordance with applicable law.

(d) Nothing in this subsection shall prevent disclosure of the following information:

(i) Name and mailing address of the property owner;

(ii) A parcel number;

(iii) A legal description of real property;

(iv) The square footage and acreage of real property;

(v) The assessed value of taxable property;

(vi) The tax district and the tax rate; and

(vii) The total property tax assessed.

(25) Results of laboratory tests that have no known adverse impacts to human health conducted by the Idaho state department of agriculture animal health laboratory, related to diagnosis of animal diseases of individual animals or herds, on samples submitted by veterinarians or animal owners unless:

(a) The laboratory test results indicate the presence of a state or federally reportable or regulated disease in animals;

(b) The release of the test results is required by state or federal law; or

(c) The test result is identified as representing a threat to animal or human health or to the livestock industry by the Idaho state department of agriculture or the United States department of agriculture. Nothing in this subsection shall limit the use that can be made, or availability of such information if used, for regulatory purposes or its admissibility in any enforcement proceeding, or the duty of any person to report contagious or infectious diseases as required by state or federal law.

(26) Results of laboratory tests conducted by the Idaho state department of agriculture seed laboratory on samples submitted by seed producers or seed companies. Nothing in this subsection shall limit the use that can be made, or availability of such information pursuant to the provisions of subsections (9) and (10) of section 22-418 , Idaho Code.

(27) For policies that are owned by private persons, and not by a public agency of the state of Idaho, records of policies, endorsements, affidavits, and any records that discuss policies, endorsements, and affidavits that may be required to be filed with or by a surplus line association pursuant to chapter 12, title 41 , Idaho Code.

(28) Individual financial statements of a postsecondary educational institution or a proprietary school submitted to the state board of education, its director, or a representative thereof, for the purpose of registering the postsecondary educational institution or proprietary school pursuant to section 33-2402 or 33-2403 , Idaho Code, or provided pursuant to an administrative rule of the board adopted pursuant to such sections.

(29) Information submitted by insurance companies pursuant to section 41-612 (17), Idaho Code.

(30) Documents, materials, or other information submitted to the director of the department of insurance as provided in chapter 64, title 41 , Idaho Code.

(31) Reports, information, and other materials exempted by chapter 63, title 41 , Idaho Code.

(32) Records that identify the method by which the Idaho state tax commission selects tax returns for audit review.

(33) Records that identify the method by which the administrator of the unclaimed property law set forth in chapter 5, title 14 , Idaho Code, selects reports for audit review or conducts audit review of such reports and the identity of individuals or entities under audit.

(34) Underwriting and claims records of the Idaho petroleum clean water trust fund obtained pursuant to section 41-4905 , 41-4909 , 41-4911A , 41-4912 , or 41-4912A , Idaho Code. Provided, however, that this subsection shall not prevent the Idaho petroleum clean water trust fund’s submittal to the Idaho department of environmental quality or other regulatory agencies of information necessary to satisfy an insured’s corrective action requirement under applicable federal or state standards in the event of a release into the environment from a petroleum storage tank; and provided further that nothing in this subsection shall prevent the Idaho petroleum clean water trust fund from providing auditing, reporting, or actuarial information as otherwise required of it pursuant to section 41-4919 , 41-4925A , 41-4928 , 41-4930 , 41-4932 , 41-4937 , or 41-4938 , Idaho Code.

(35) Records required to be kept pursuant to chapter 2, title 37 , Idaho Code.

Legislative History: [74-107, added 2015, ch. 140, sec. 5, p. 355; am. 2016, ch. 68, sec. 3, p. 237; am. 2017, ch. 58, sec. 37, p. 133; am. 2017, ch. 75, sec. 3, p. 193; am. 2017, ch. 77, sec. 3, p. 214; am. 2018, ch. 169, sec. 24, p. 373; am. 2020, ch. 338, sec. 3, p. 986; am. 2022, ch. 306, sec. 5, p. 982; am. 2026, ch. 91, sec. 10, p. 514.]

I.C. § 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 already known to the general public.

(2) Archaeological and geologic records concerning exploratory drilling, logging, mining and other excavation, when such records are required to be filed by statute for the time provided by statute.

(3) Documents and data related to oil and gas production submitted to the department of lands or the oil and gas conservation commission under the provisions of chapter 3, title 47 , Idaho Code, provided that the records qualify for confidential status under section 47-327 , Idaho Code, under the conditions and for the time provided by statute.

(4) The records of a library that, when examined alone or when examined with other public records, would reveal the identity of the library patron checking out, requesting, or using an item from a library.

(5) The material of a library, museum or archive that has been contributed by a private person, to the extent of any limitation that is a condition of the contribution.

(6) Test questions, scoring keys, and other data used to administer a licensing examination or an employment, academic, or other examination or testing procedure before the examination is given if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected.

(7) Land management plans required for voluntary stewardship agreements entered into pursuant to law and written agreements relating to the conservation of all species of sage grouse entered into voluntarily by owners or occupiers of land with a soil conservation district.

(8) Records identifying telemetry frequencies, remote camera locations, or precise or specific locations of any individual terrestrial wildlife, including but not limited to global positioning system, telemetry, or remote camera data. A state agency’s sharing of such records on an individual case basis for agency or regulatory environmental reviews or management of wildlife damage or populations does not constitute a waiver of this exemption. This exemption does not apply to records identifying aggregated or otherwise generalized locations of individual terrestrial wildlife or populations.

Legislative History: [74-108, added 2015, ch. 140, sec. 5, p. 359; am. 2015, ch. 300, sec. 1, p. 1181; am. 2017, ch. 271, sec. 28, p. 708; am. 2024, ch. 25, sec. 1, p. 178.]

I.C. § 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 documents related to draft legislation, including requests for research or analysis submitted to the legislative services office by a member of the Idaho legislature and any documents related to such request.

(2) Records consisting of personal communication by a member of the Idaho legislature or between members of the Idaho legislature that does not relate to the conduct or administration of the public’s business.

(3) Personally identifying information relating to a private citizen contained in a writing to or from a member of the Idaho legislature. As used in this subsection, "private citizen" does not include a lobbyist registered with the office of the secretary of state, a public official, or an individual who is communicating on behalf of an organization. As used in this subsection, "public official" has the same meaning as in section 74-101 (12), Idaho Code, except that it does not include elected or appointed members of the Idaho legislature and legislative staff.

(4) Records consisting of or that are related to the work papers in the possession of the director of legislative performance evaluations prior to the release of the final performance evaluation.

(5) Records consisting of or that are related to the work papers in the possession of the division of legislative audits prior to release of the related final audit.

(6) Records consisting of draft congressional and legislative redistricting plans and documents specifically related to such draft redistricting plans or research requests submitted to the commission staff by a member of the commission for reapportionment for the purpose of placing such draft redistricting plan into form suitable for presentation to the full membership of the commission, unless the individual commission member having submitted or requested such plans or research agrees to waive the provisions of confidentiality provided by this subsection.

Legislative History: [74-109, added 2015, ch. 140, sec. 5, p. 360; am. 2020, ch. 338, sec. 4, p. 990.]

I.C. § 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 judicial proceedings arising under section 18-609A , Idaho Code, are exempt from disclosure.

Legislative History: [74-110, added 2015, ch. 140, sec. 5, p. 360.]

I.C. § 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 created by the director of the department of finance or a representative of the director in connection with an audit or inspection under section 30-14-411 (d), Idaho Code, or an investigation under section 30-14-602 , Idaho Code;

(2) A part of a record filed in connection with a registration statement under section 30-14-301 , Idaho Code, and sections 30-14-303 through 30-14-305 , Idaho Code, or a record under section 30-14-411 (d), Idaho Code, that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;

(3) A record that is not required to be provided to the director of the department of finance or filed under chapter 14, title 30 , Idaho Code, and is provided to the director only on the condition that the record will not be subject to public examination or disclosure;

(4) A nonpublic record received from a person specified in section 30-14-608 (a), Idaho Code; and

(5) Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed pursuant to chapter 14, title 30 , Idaho Code.

Legislative History: [74-111, added 2015, ch. 140, sec. 5, p. 361.]

I.C. § 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 nonexempt material and make the nonexempt material available for examination, provided that a denial of a request to copy nonexempt material in a public record shall not be based upon the fact that such nonexempt material is contained in the same public record as the exempt material.

Legislative History: [74-112, added 2015, ch. 140, sec. 5, p. 361; am. 2022, ch. 306, sec. 6, p. 986.]

I.C. § 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 pertaining to that person. Within ten (10) days of the receipt of the request, the public agency shall either:

(a) Make any correction of any portion of the record which the person establishes is not accurate, relevant, or complete; or

(b) Inform the person in writing of the refusal to amend in accordance with the request and the reasons for the refusal, and indicate clearly the person’s right to appeal the refusal and the time period for doing so. The procedures for appealing a refusal to amend shall be the same as those set forth in sections 74-115 and 74-116 , Idaho Code, and the court may award reasonable costs and attorney’s fees to the prevailing party or parties, if it finds that the request for amendment or refusal to amend was frivolously pursued.

(3) The right to inspect and amend records pertaining to oneself does not include the right to review:

(a) Otherwise exempt investigatory records of a public agency if the investigation is ongoing;

(b) Information that is compiled in reasonable anticipation of a civil action or proceeding which is not otherwise discoverable;

(c) The information relates to adoption records;

(d) Information which is otherwise exempt from disclosure by statute or court rule;

(e) Records of a prisoner maintained by the state or local agency having custody of the prisoner or formerly having custody of the prisoner or by the commission of pardons and parole.

Legislative History: [74-113, added 2015, ch. 140, sec. 5, p. 361; am. 2022, ch. 306, sec. 7, p. 986.]

I.C. § 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 authorized programs, even if the record is otherwise exempt from disclosure under this chapter, any person may inspect and copy:

(a) Air pollution emission data;

(b) The content of any title V operating permit;

(c) The name and address of any Idaho pollutant discharge elimination system (IPDES) applicant or permittee;

(d) The content of any IPDES permit;

(e) IPDES permit applications, and information required to be submitted by IPDES application forms, whether the information is submitted on the application forms themselves or in any attachments used to supply information required by the application forms;

(f) Effluent data or a standard or limitation, as defined in 40 CFR 2.302;

(g) The name and address of any applicant or permittee for a hazardous waste treatment, storage, or disposal facility permit pursuant to chapter 44, title 39 , Idaho Code; and

(h) Any other record required to be provided to or obtained by the department of environmental quality pursuant to the federal clean air act, the federal clean water act and the resource conservation and recovery act, and the implementing state statutes, federal regulations and state rules, unless the record is a trade secret.

(2) For purposes of this section, a record, or a portion of the record, is a "trade secret" if the information contained in the record is a trade secret within the meaning of the Idaho trade secrets act, sections 48-801 , et seq., Idaho Code, including commercial or financial information which, if disclosed, could cause substantial competitive harm to the person from whom the record was obtained.

(3) Any record, or portion of a record, provided to or obtained by the department of environmental quality and identified by the person providing the record as a trade secret shall not be disclosed to the public and shall be kept confidential according to the procedures established in this section.

(4) Nothing in this section shall be construed as limiting the disclosure of a trade secret by the department of environmental quality:

(a) To any officer, employee, or authorized representative of the state or the United States, under a continuing claim of confidentiality, as necessary to carry out the provisions of state or federal law, or when relevant to any proceeding thereunder;

(b) As determined necessary by the director of the department of environmental quality (under a continuing confidentiality claim) to protect the public health and safety from imminent and substantial endangerment;

(c) As required by state or federal law, including section 74-115 (3), Idaho Code, under a continuing claim of confidentiality and subsection (1) of this section; or

(d) With the consent of the person from whom the record is obtained.

(5) It shall be the responsibility of any person providing a record to the department of environmental quality to give notice of the existence of a trade secret on each page or other portion of information at the time of submittal, and such person shall have the burden of demonstrating that the information is a trade secret.

(6) Notwithstanding the time frames set forth in section 74-103 (2), Idaho Code, when a request is made to the department of environmental quality pursuant to the provisions of this chapter for the disclosure of information for which a trade secret claim has been made, and the information has not been demonstrated to be a trade secret to the satisfaction of the director of the department of environmental quality, within three (3) working days of receipt of the request for the disclosure of the information, the department of environmental quality shall provide a written request for substantiation to the person making the confidentiality claim. A response shall be submitted to the department of environmental quality by the person claiming the trade secret protection within ten (10) working days after receipt of the request for substantiation, or the information subject to the claim shall be disclosed without further notice. Upon receipt of a timely response to the request for substantiation, the director of the department of environmental quality shall determine whether the information is a trade secret subject to protection.

(a) If it is determined that the information, or any portion of the information, is a trade secret, within three (3) working days after receipt of the response, the director of the department of environmental quality shall notify the person requesting the information that the request is denied pursuant to subsections (4) and (5) of section 74-103 , Idaho Code.

(b) If it is determined that the information, or any portion of the information, is not a trade secret and is, therefore, subject to disclosure, within three (3) working days after receipt of the response, the director of the department of environmental quality shall inform the person making the confidentiality claim of the determination. The decision shall be a final agency action directly appealable, de novo, to the district court of the county where the records or some part thereof are located. An appeal contesting the decision of the director of the department of environmental quality to release information claimed to be a trade secret shall be filed within ten (10) working days from the date of receipt of the written notice of decision. The information claimed to be a trade secret shall not be disclosed until the period for appeal has expired with no appeal being taken, or a court order has been issued finding that the information is not a trade secret and all appeals of that order have been exhausted.

(7) In any appeal taken pursuant to this section, the court may award reasonable costs and attorney’s fees to the prevailing party if it finds the claim of confidentiality or the decision of the director of the department of environmental quality to provide records was frivolously pursued.

(8) The department of environmental quality shall adopt rules which include:

(a) Appropriate measures to safeguard and protect against improper disclosure of trade secrets, including procedures to train all employees on the proper handling of trade secrets; and

(b) Any other provisions necessary to carry out this section.

(9) As it relates to the department of environmental quality, or to agents, contractors, or other representatives of the department, the immunity created in section 74-118 , Idaho Code, shall apply only when disclosure of a trade secret is made consistent with this section.

Legislative History: [74-114, added 2015, ch. 140, sec. 5, p. 362; am. 2016, ch. 146, sec. 1, p. 413; am. 2022, ch. 306, sec. 8, p. 987.]

I.C. § 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 or some part thereof are located, to compel the public agency to make the information available for public inspection in accordance with the provisions of this chapter. The petition contesting the public agency’s decision shall be filed within one hundred eighty (180) calendar days from the date of mailing of the notice of denial or partial denial by the public agency. In cases in which the records requested are claimed as exempt pursuant to section 74-107 (1) or (24), Idaho Code, the petitioner shall be required to name as a party and serve the person or entity that filed or provided such documents to the agency, and such person or entity shall have standing to oppose the request for disclosure and to support the decision of the agency to deny the request. The time for responsive pleadings and for hearings in such proceedings shall be set by the court at the earliest possible time, or in no event beyond twenty-eight (28) calendar days from the date of filing.

(2) The public agency shall keep all documents or records in question until the end of the appeal period, until a decision has been rendered on the petition, or as otherwise statutorily provided, whichever is longer.

(3) Nothing contained in this chapter shall limit the availability of documents and records for discovery in the normal course of judicial or administrative adjudicatory proceedings, subject to the law and rules of evidence and of discovery governing such proceedings. Additionally, in any criminal appeal or post-conviction civil action, this chapter shall not make available the contents of prosecution case files where such material has previously been provided to the defendant nor shall this chapter be available to supplement, augment, substitute or supplant discovery procedures in any other federal, civil or administrative proceeding.

Legislative History: [74-115, added 2015, ch. 140, sec. 5, p. 363; am. 2022, ch. 306, sec. 9, p. 989.]

I.C. § 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 or show cause why he should not do so. The court shall decide the case after examining the pleadings filed by the parties and such oral arguments and additional evidence as the court may allow. The court may examine the record in camera in its discretion.

(2) If the court finds that the public official’s decision to refuse disclosure is not justified, it shall order the public official to make the requested disclosure. If the court determines that the public official was justified in refusing to make the requested record available, he shall return the item to the public official without disclosing its content and shall enter an order supporting the decision refusing disclosure. In any such action, the court shall award reasonable costs and attorney fees to the prevailing party or parties, if it finds that the request or refusal to provide records was frivolously pursued.

Legislative History: [74-116, added 2015, ch. 140, sec. 5, p. 364.]

I.C. § 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 ($1,000), which shall be paid into the general fund.

Legislative History: [74-117, added 2015, ch. 140, sec. 5, p. 364; am. 2022, ch. 111, sec. 34, p. 395.]

I.C. § 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 acted in good faith in attempting to comply with the provisions of this chapter.

Legislative History: [74-118, added 2015, ch. 140, sec. 5, p. 364; am. 2022, ch. 306, sec. 10, p. 989.]

I.C. § 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 agencies shall designate at least one (1) person as custodian to receive public records requests and shall provide an alternate custodian or alternate custodians for contingencies. If a public agency has a website, the agency shall note the name and contact information of its custodian of records on its website and shall promptly update such information when it changes.

Legislative History: [74-119, added 2015, ch. 140, sec. 5, p. 364; am. 2018, ch. 143, sec. 4, p. 298; am. 2022, ch. 306, sec. 11, p. 989.]

I.C. § 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 distribute or sell for use as a mailing list or a telephone number list any list of persons without first securing the permission of those on the list; and

(b) No list of persons prepared by the agency may be used as a mailing list or a telephone number list except by the agency or another agency without first securing the permission of those on the list.

(2) Except as may be otherwise provided in this chapter, this section does not prevent an individual from compiling a mailing list or a telephone number list by examination or copying of public records, original documents or applications otherwise open to public inspection.

(3) The provisions of this section do not apply to the lists of registered electors compiled pursuant to title 34 , Idaho Code, or to lists of the names of employees governed by chapter 53, title 67 , Idaho Code.

(4) The provisions of this section shall not apply to agencies that issue occupational or professional licenses.

(5) This section does not apply to the right of access by Idaho law enforcement agencies or, by purchase or otherwise, the right to access public records dealing with motor vehicle registration.

(6) This section does not apply to a corporate information list developed by the office of the secretary of state containing the name, address, registered agent, officers and directors of corporations authorized to do business in this state or to a business information list developed by the department of commerce containing the name, address, telephone number or other relevant information of Idaho businesses or individuals requesting information regarding the state of Idaho or to business lists developed by the department of agriculture, market development division, used to promote food and agricultural products produced in Idaho.

(7) This section does not apply to lists used for ordinary utility purposes that are requested by a person who supplies utility services in this state. Ordinary utility purposes, as used in this chapter only, do not include marketing or marketing research.

(8) This section does not apply to lists used to give notice required by any statute, ordinance, rule, or law or by any governing agency.

(9) This section does not apply to student directory information provided by colleges, universities, secondary schools and school districts to military recruiters for military recruiting purposes pursuant to the requirements of federal laws.

(10) Nothing in this section shall prohibit the release of information to the state controller as the state social security administrator as provided in section 59-1101A , Idaho Code.

(11) If a court finds that a person or public official has deliberately and in bad faith violated the provisions of subsection (1)(a) or (1)(b) of this section, the person or public official shall be liable for a civil penalty assessed by the court in an amount not in excess of one thousand dollars ($1,000), which shall be paid into the general fund.

Legislative History: [74-120, added 2015, ch. 140, sec. 5, p. 364; am. 2022, ch. 111, sec. 35, p. 395; am. 2022, ch. 306, sec. 12, p. 990.]

I.C. § 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 proper custodian. For purposes of this section, the terms "public record" and "record," or plurals thereof, shall have the same meaning as "public record" as provided in section 74-101 , Idaho Code.

(2) For the purpose of this section, where public records of a county or local district thereof are involved, all references to the state archivist also refer to any responsible public official or records custodian and all references to the attorney general also refer to county prosecutors.

(3) Whenever the state archivist or their designee has reasonable grounds to believe that records belonging to the state, county, or local district thereof are in the possession of a person or entity not authorized by law to possess those records, and such possession was acquired on or after July 1, 2011, he or she may issue a written notice demanding that person or entity to do either of the following within ten (10) calendar days of receiving the notice:

(a) Return the records to the office of origin or the Idaho state archives; or

(b) Respond in writing and declare why the records do not belong to the state or a local agency.

(4) The notice and demand shall identify the records claimed to belong to the state or local agency with reasonable specificity, and shall specify that the state archivist may undertake legal action to recover the records if the person or entity fails to respond in writing within the required time or does not adequately demonstrate that the records do not belong to the state or a local agency.

(5) If a person or entity that receives a written notice and demand from the state archivist pursuant to this chapter fails to deliver the described records, fails to respond to the notice and demand within the required time, or does not adequately demonstrate that the records do not belong to the state or a local agency, the state archivist may ask the attorney general to petition a court of competent jurisdiction for an order requiring the return of the records.

(6) The court may issue any order necessary to protect the records from destruction, alteration, transfer, conveyance or alienation by the person or entity in possession of the records, and may order that the records be surrendered into the custody of the state archivist pending the court’s decision on the petition.

(7) After a hearing, and upon a finding that the specified records are in the possession of a person or entity not authorized by law to possess the records, the court shall order the records to be delivered to the state archivist or other official designated by the court.

(8) If the attorney general recovers a record under this section, the court may award attorney’s fees and court costs.

(9) Notwithstanding any other provision of this section, any public record that is in the custody of an organization or institution shall not be subject to the provisions of this section provided:

(a) That professional standards recognized by the society of American archivists for the management and preservation of historical records are maintained; and

(b) Such records are accessible to the public in a manner consistent with this chapter.

(10) When a record is returned pursuant to subsection (3)(a) of this section, upon the request of the person, organization or institution that returned the record, the record custodian that receives the record shall issue to that person, organization or institution a copy or digital image of the record which shall be certified as a true copy of the record that was returned to the state or local agency, and dated on the same day the record was returned.

Legislative History: [74-121, added 2015, ch. 140, sec. 5, p. 365; am. 2022, ch. 306, sec. 13, p. 991.]

I.C. § 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 is added to the Idaho Code on and after January 1, 2016, and which provides for confidentiality or closure of a public record or class of public records and is located at a place other than this chapter shall be null, void and of no force and effect regarding the confidentiality or closure of the public record and such public record shall be open and available to the public for inspection as provided in this chapter.

Legislative History: [74-122, added 2015, ch. 140, sec. 5, p. 366.]

I.C. § 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 direct or indirect commercial advantage, the person shall owe to the Idaho code commission, as the agent of the state of Idaho, a royalty fee in addition to the fee charged for copying the Idaho Code. Any person who reproduces or distributes the Idaho Code in violation of the provisions of this section shall be deemed to be an infringer of the state of Idaho’s copyright. The Idaho code commission, through the office of the attorney general, is entitled to institute an action for any infringement of that particular right committed while the Idaho code commission or its designated agent has custody of the Idaho Code.

(2) A court having jurisdiction of a civil action arising under this section may grant such relief as it deems appropriate. At any time while an action under this section is pending, the court may order the impounding, on such terms as it deems reasonable, of all copies claimed to have been made or used in violation of the Idaho code commission’s copyright pursuant to this section.

(3) An infringer of the state of Idaho’s copyright pursuant to this section is liable for any profits the infringer has incurred by obtaining the Idaho Code for commercial purposes or is liable for statutory damages as provided in subsection (4) of this section.

(4) The Idaho code commission, as agent of the copyright owner, may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to the Idaho Code for which any one (1) infringer is liable individually, or for which any two (2) or more infringers are liable jointly and severally, in a sum of not less than two hundred fifty dollars ($250) and not more than ten thousand dollars ($10,000), as the court considers just.

(5) In any civil action under this section, the court may allow the recovery of full costs by or against any party and may also award reasonable attorney’s fees to the prevailing party as part of the costs.

(6) The Idaho code commission is hereby authorized to license and charge fees for the use of the Idaho Code. The Idaho code commission may grant a license for the use of the Idaho Code to a public agency in the state and waive all or a portion of the fees. All fees recovered by the Idaho code commission shall be deposited in the general fund.

Legislative History: [74-123, added 2015, ch. 140, sec. 5, p. 367; am. 2022, ch. 111, sec. 36, p. 396.]

I.C. § 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 purposes by a law enforcement agency, but such exemption from disclosure applies only to the extent that the production of such records would:

(a) Interfere with enforcement proceedings;

(b) Deprive a person of a right to a fair trial or an impartial adjudication;

(c) Constitute an unwarranted invasion of personal privacy;

(d) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement agency in the course of a criminal investigation, confidential information furnished only by the confidential source;

(e) Disclose investigative techniques and procedures;

(f) Endanger the life or physical safety of law enforcement personnel; or

(g) Disclose the identity of a reporting party maintained by any law enforcement entity or the department of health and welfare relating to the investigation of child abuse, neglect or abandonment unless the reporting party consents in writing to the disclosure or the disclosure of the reporting party’s identity is required in any administrative or judicial proceeding.

(2) Notwithstanding subsection (1) of this section, any person involved in a motor vehicle collision which is investigated by a law enforcement agency, that person’s authorized legal representative and the insurer shall have a right to a complete, unaltered copy of the impact report, or its successors, and the final report prepared by the agency.

(3) An inactive investigatory record shall be disclosed unless the disclosure would violate the provisions of subsection (1)(a) through (g) of this section. Investigatory record as used herein means information with respect to an identifiable person or group of persons compiled by a law enforcement agency in the course of conducting an investigation of a specific act or omission and shall not include the following information:

(a) The time, date, location, and nature and description of a reported crime, accident or incident;

(b) The name, sex, age, and address of a person arrested, except as otherwise provided by law;

(c) The time, date, and location of the incident and of the arrest;

(d) The crime charged;

(e) Documents given or required by law to be given to the person arrested;

(f) Informations and indictments except as otherwise provided by law; and

(g) Criminal history reports.

As used herein, the term "law enforcement agency" means the office of the attorney general, the office of the state controller, the Idaho state police, the office of any prosecuting attorney, sheriff or municipal police department.

(4) Whenever it is made to appear by verified petition to the district court of the county where the records or some part thereof are situated that certain investigative records are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the investigative record or show cause why he should not do so. The court shall decide the case after examining the record in camera, papers filed by the parties, and such oral argument and additional evidence as the court may allow.

If the court finds that the public official’s decision to refuse disclosure is not justified, he shall order the public official to make the record public. If the judge determines that the public official was justified in refusing to make the record public, he shall return the item to the public official without disclosing its content with an order supporting the decision refusing disclosure. Any person who fails to obey the order of the court shall be cited to show cause why he is not in contempt of court. The court may, in its discretion, award costs and fees to the prevailing party.

Legislative History: [74-124, added 2015, ch. 140, sec. 5, p. 367; am. 2018, ch. 252, sec. 1, p. 582.]

I.C. § 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 probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and

2. That the witness is, after diligent and good faith attempts to locate, unavailable for the hearing; and

3. That at the preliminary hearing, the party against whom the admission of the testimony is sought had an adequate opportunity to prepare and cross-examine the proffered testimony.

Legislative History: [74-125, added 2015, ch. 140, sec. 5, p. 368.]

I.C. § 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 services office.

(2) A public records request for the house of representatives shall be made to the speaker of the house of representatives, and a copy of such request shall be contemporaneously submitted to the legislative services office. A public records request for the senate shall be made to the president pro tempore of the senate, and a copy of such request shall be contemporaneously submitted to the legislative services office.

(3) A public records request for an individual legislator shall be made to such individual legislator, and a copy of such request shall be contemporaneously submitted to the legislative services office.

(4) For purposes of this section, "contemporaneously" means that a copy of a request for public records shall be submitted to the legislative services office on the same business day as the request is made.

(5) The legislature, either house of the legislature, or an individual legislator shall not be obligated to respond to a public records request that does not comply with the requirements of this section.

Legislative History: [74-126, added 2022, ch. 306, sec. 14, p. 992.]

I.C. § 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 portions of this act.

Legislative History: [(74-127) 74-126, added 2015, ch. 140, sec. 5, p. 369; am. and redesig. 2022, ch. 306, sec. 15, p. 992.]

Chapter 2¶

I.C. § 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 state that the formation of public policy is public business and shall not be conducted in secret.

Legislative History: [74-201, added 2015, ch. 140, sec. 5, p. 369.]

I.C. § 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 a quorum is present, but shall not include those ministerial or administrative actions necessary to carry out a decision previously adopted in a meeting held in compliance with this chapter.

(2) "Deliberation" means the receipt or exchange of information or opinion relating to a decision, but shall not include informal or impromptu discussions of a general nature that do not specifically relate to a matter then pending before the public agency for decision.

(3) "Executive session" means any meeting or part of a meeting of a governing body that is closed to any persons for deliberation on certain matters.

(4) "Public agency" means:

(a) Any state board, commission, department, authority, educational institution or other state agency created by or pursuant to statute, other than courts and their agencies and divisions, and the judicial council, and the district magistrates commission;

(b) Any regional board, commission, department or authority created by or pursuant to statute;

(c) Any county, city, school district, special district, or other municipal corporation or political subdivision of the state of Idaho; and

(d) Any subagency of a public agency created by or pursuant to statute, ordinance, or other legislative act.

(5) "Governing body" means the members of any public agency that consists of two (2) or more members, with the authority to make decisions for or recommendations to a public agency regarding any matter.

(6) "Meeting" means the convening of a governing body of a public agency to make a decision or to deliberate toward a decision on any matter.

(a) "Regular meeting" means the convening of a governing body of a public agency on the date fixed by law or rule, to conduct the business of the agency.

(b) "Special meeting" is a convening of the governing body of a public agency pursuant to a special call for the conduct of business as specified in the call.

Legislative History: [74-202, added 2018, ch. 142, sec. 3, p. 289.]

I.C. § 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 decision at a meeting of a governing body of a public agency shall be made by secret ballot.

(2) Deliberations of the board of tax appeals created in chapter 38, title 63 , Idaho Code, the public utilities commission and the industrial commission in a fully submitted adjudicatory proceeding in which hearings, if any are required, have been completed, and in which the legal rights, duties or privileges of a party are to be determined are not required by this act to take place in a meeting open to the public. Such deliberations may, however, be made and/or conducted in a public meeting at the discretion of the agency.

(3) Meetings of the Idaho life and health insurance guaranty association established under chapter 43, title 41 , Idaho Code, the Idaho insurance guaranty association established under chapter 36, title 41 , Idaho Code, the surplus line association approved by the director of the Idaho department of insurance as authorized under chapter 12, title 41 , Idaho Code, and the Idaho depredating wildlife appeals board established under chapter 55, title 22 , Idaho Code, are not required by this act to take place in a meeting open to the public.

(4) A governing body shall not hold a meeting at any place where discrimination on the basis of race, creed, color, sex, age or national origin is practiced.

(5) All meetings may be conducted using telecommunications devices which enable all members of a governing body participating in the meeting to communicate with each other. Such devices may include, but are not limited to, telephone or video conferencing devices and similar communications equipment. Participation by a member of the governing body through telecommunications devices shall constitute presence in person by such member at the meeting; provided however, that at least one (1) member of the governing body, or the director of the public agency, or the chief administrative officer of the public agency shall be physically present at the location designated in the meeting notice, as required under section 74-204 , Idaho Code, to ensure that the public may attend such meeting in person. The communications among members of a governing body must be audible to the public attending the meeting in person and the members of the governing body.

(6) Except as otherwise provided in this subsection, no person attending open public meetings shall be prevented or prohibited from recording such meetings. For purposes of this subsection, "recording" means the capturing of audio, video, or photographs by electronic, digital, or other means. A governing body may take measures to ensure the orderly conduct of its open public meetings but shall not prohibit or unreasonably restrict recording as provided under this subsection. No person shall be removed or excluded from meetings for recording pursuant to the provisions of this subsection. The provisions of this subsection shall not apply to:

(a) Executive sessions;

(b) Any meetings or hearings in a facility owned or operated by the Idaho department of correction;

(c) Any meetings or hearings in a facility owned or operated by the Idaho department of juvenile corrections; or

(d) Any meetings or hearings conducted by the Idaho commission of pardons and parole.

Legislative History: [74-203, added 2015, ch. 140, sec. 5, p. 369; am. 2025, ch. 54, sec. 2, p. 264; am. 2026, ch. 281, sec. 1, p. 1175.]

I.C. § 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 intervals of at least once per calendar month scheduled in advance over the course of the year may satisfy this meeting notice by giving meeting notices at least once each year of its regular meeting schedule. The notice requirement for meetings and agendas shall be satisfied by posting such notices and agendas in a prominent place at the principal office of the public agency or, if no such office exists, at the building where the meeting is to be held. The notice for meetings and agendas shall also be posted electronically if the entity maintains an online presence through a website or a social media platform.

(2) Special meetings. No special meeting shall be held without at least a twenty-four (24) hour meeting and agenda notice, unless an emergency exists. An emergency is a situation involving injury or damage to persons or property, or immediate financial loss, or the likelihood of such injury, damage or loss, when the notice requirements of this section would make such notice impracticable or increase the likelihood or severity of such injury, damage or loss, and the reason for the emergency is stated at the outset of the meeting. The notice required under this section shall include at a minimum the meeting date, time, place and name of the public agency calling for the meeting. The secretary or other designee of each public agency shall maintain a list of the news media requesting notification of meetings and shall make a good faith effort to provide advance notification to them of the time and place of each meeting.

(3) Executive sessions. If only an executive session will be held, a twenty-four (24) hour meeting and agenda notice shall be given according to the notice provisions stated in subsection (2) of this section and shall state the reason and the specific provision of law authorizing the executive session.

(4) An agenda shall be required for each meeting. The agenda shall be posted in the same manner as the notice of the meeting. An agenda may be amended, provided that a good faith effort is made to include, in the original agenda notice, all items known to be probable items of discussion. An agenda item that requires a vote shall be identified on the agenda as an "action item" to provide notice that action may be taken on that item. Multiple agenda items may be grouped together and voted upon as a single action item known as a consent agenda, provided the agenda items are not ordinances, fee resolutions, or items requiring more than a simple majority of the members present. During the meeting, if any member of the governing body requests an item or items be removed from the consent agenda, such item or items shall, prior to the vote on the consent agenda, be removed from the consent agenda and considered as a separate action for discussion and vote. Identifying an item as an action item on the agenda does not require a vote to be taken on that item.

(a) If an amendment to an agenda is made after an agenda has been posted but forty-eight (48) hours or more prior to the start of a regular meeting, or twenty-four (24) hours or more prior to the start of a special meeting, then the agenda is amended upon the posting of the amended agenda.

(b) If an amendment to an agenda is proposed after an agenda has been posted and less than forty-eight (48) hours prior to a regular meeting or less than twenty-four (24) hours prior to a special meeting but prior to the start of the meeting, the proposed amended agenda shall be posted but shall not become effective until a motion is made at the meeting and the governing body votes to amend the agenda.

(c) An agenda may be amended after the start of a meeting upon a motion that states the reason for the amendment and states the good faith reason the agenda item was not included in the original agenda posting. Final action may not be taken on an agenda item added after the start of a meeting unless an emergency is declared necessitating action at that meeting. The declaration and justification shall be reflected in the minutes.

Legislative History: [74-204, added 2015, ch. 140, sec. 5, p. 370; am. 2018, ch. 223, sec. 1, p. 502; am. 2025, ch. 19, sec. 1, p. 52.]

I.C. § 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 available to the public within a reasonable time after the meeting, and shall include at least the following information:

(a) All members of the governing body present;

(b) All motions, resolutions, orders, or ordinances proposed and their disposition;

(c) The results of all votes, and upon the request of a member, the vote of each member, by name.

(2) Minutes pertaining to executive sessions. Minutes pertaining to an executive session shall include a reference to the specific statutory subsection authorizing the executive session and shall also provide sufficient detail to identify the purpose and topic of the executive session but shall not contain information sufficient to compromise the purpose of going into executive session.

Legislative History: [74-205, added 2015, ch. 140, sec. 5, p. 371.]

I.C. § 74-206: negotiations in open session¶

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 representatives and representatives of the labor organization. This requirement shall also apply to meetings with any labor negotiation arbitrators, fact finders, mediators or similar labor dispute meeting facilitators when meeting with both parties to the negotiation at the same time. Provided, however, a governing body or its designated representatives may hold an executive session for the specific purpose of:

(a) Deliberating on a labor contract offer or to formulate a counteroffer; or

(b) Receiving information about a specific employee, when the information has a direct bearing on the issues being negotiated and a reasonable person would conclude that the release of that information would violate that employee’s right to privacy.

(2) All documentation exchanged between the parties during negotiations, including all offers, counteroffers and meeting minutes, shall be subject to public writings disclosure laws.

(3) Any other provision of law notwithstanding, including any other provisions to the contrary in sections 33-402 and 74-204 , Idaho Code, the governing body shall post notice of all negotiation sessions at the earliest possible time practicable. This shall be done by the governing body by immediately posting notice of the negotiation session on the front page of its official website. If time permits, the governing body shall also post notice within twenty-four (24) hours at its regular meeting physical posting locations.

(4) Public testimony, if any, shall be posted as an agenda item.

Legislative History: [(74-206A) 67-2345A, added 2015, ch. 271, sec. 2, p. 1126; am. and redesig. 2016, ch. 47, sec. 41, p.125; am. 2019, ch. 85, sec. 1, p. 211.]

I.C. § 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 procedure in either house, and any person may attend any meeting of a standing, special or select committee, but may participate in the committee only with the approval of the committee itself.

Legislative History: [74-207, added 2015, ch. 140, sec. 5, p. 372.]

I.C. § 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 provisions of this chapter, who conducts or participates in a meeting which violates the provisions of this act shall be subject to a civil penalty not to exceed two hundred fifty dollars ($250).

(3) Any member of a governing body who knowingly violates the provisions of this chapter shall be subject to a civil penalty not to exceed one thousand five hundred dollars ($1,500).

(4) Any member of a governing body who knowingly violates any provision of this chapter and who has previously admitted to committing or has been previously determined to have committed a violation pursuant to subsection (3) of this section within the twelve (12) months preceding this subsequent violation shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500).

(5) The attorney general shall have the duty to enforce this chapter in relation to public agencies of state government, and the prosecuting attorneys of the various counties shall have the duty to enforce this act in relation to local public agencies within their respective jurisdictions. In the event that there is reason to believe that a violation of the provisions of this act has been committed by members of a board of county commissioners or, for any other reason a county prosecuting attorney is deemed disqualified from proceeding to enforce this act, the prosecuting attorney or board of county commissioners shall seek to have a special prosecutor appointed for that purpose as provided in section 31-2603 , Idaho Code.

(6) Any person affected by a violation of the provisions of this chapter may commence a civil action in the magistrate division of the district court of the county in which the public agency ordinarily meets, for the purpose of requiring compliance with provisions of this act. No private action brought pursuant to this subsection shall result in the assessment of a civil penalty against any member of a public agency and there shall be no private right of action for damages arising out of any violation of the provisions of this chapter. Any suit brought for the purpose of having an action declared or determined to be null and void pursuant to subsection (1) of this section shall be commenced within thirty (30) days of the time of the decision or action that results, in whole or in part, from a meeting that failed to comply with the provisions of this act. Any other suit brought under the provisions of this section shall be commenced within one hundred eighty (180) days of the time of the violation or alleged violation of the provisions of this act.

(7) (a) A violation may be cured by a public agency upon:

(i) The agency’s self-recognition of a violation; or

(ii) Receipt by the secretary or clerk of the public agency of written notice of an alleged violation. A complaint filed and served upon the public agency may be substituted for other forms of written notice. Upon notice of an alleged open meeting violation, the governing body shall have fourteen (14) days to respond publicly and either acknowledge the open meeting violation and state an intent to cure the violation or state that the public agency has determined that no violation has occurred and that no cure is necessary. Failure to respond shall be treated as a denial of any violation for purposes of proceeding with any enforcement action.

(b) Following the public agency’s acknowledgment of a violation pursuant to paragraph (a)(i) or (a)(ii) of this subsection, the public agency shall have fourteen (14) days to cure the violation by declaring that all actions taken at or resulting from the meeting in violation of this act void.

(c) All enforcement actions shall be stayed during the response and cure period but may recommence at the discretion of the complainant after the cure period has expired.

(d) A cure as provided in this section shall act as a bar to the imposition of the civil penalty provided in subsection (2) of this section. A cure of a violation as provided in subsection (7)(a)(i) of this section shall act as a bar to the imposition of any civil penalty provided in subsection (4) of this section.

Legislative History: [74-208, added 2015, ch. 140, sec. 5, p. 372; am. 2015, ch. 345, sec. 1, p. 1301.]

Chapter 4¶

I.C. § 74-401: Short title¶

This chapter shall be known and may be cited as the "Ethics in Government Act of 2015."

Legislative History: [74-401, added 2015, ch. 140, sec. 5, p. 373.]

I.C. § 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 recruitment and retention of personnel needed within government;

(2) Assure independence, impartiality and honesty of public officials in governmental functions;

(3) Inform citizens of the existence of personal interests which may present a conflict of interest between an official’s public trust and private concerns;

(4) Prevent public office from being used for personal gain contrary to the public interest;

(5) Prevent special interests from unduly influencing governmental action; and

(6) Assure that governmental functions and policies reflect, to the maximum extent possible, the public interest.

Legislative History: [74-402, added 2015, ch. 140, sec. 5, p. 373.]

I.C. § 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 which is within the official jurisdiction of the governmental body.

(2) "Business" means any undertaking operated for economic gain, including, but not limited to, a corporation, partnership, trust, proprietorship, firm, association or joint venture.

(3) "Business with which a public official is associated" means any business of which the public official or member of his household is a director, officer, owner, partner, employee or holder of stock over five thousand dollars ($5,000) or more at fair market value.

(4) "Conflict of interest" means any official action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit of the person or a member of the person’s household, or a business with which the person or a member of the person’s household is associated, unless the pecuniary benefit arises out of the following:

(a) An interest or membership in a particular business, industry, occupation or class required by law as a prerequisite to the holding by the person of the office or position;

(b) Any action in the person’s official capacity which would affect to the same degree a class consisting of an industry or occupation group in which the person, or a member of the person’s household or business with which the person is associated, is a member or is engaged;

(c) Any interest which the person has by virtue of his profession, trade or occupation where his interest would be affected to the same degree as that of a substantial group or class of others similarly engaged in the profession, trade or occupation;

(d) Any action by a public official upon any revenue measure, any appropriation measure or any measure imposing a tax, when similarly situated members of the general public are affected by the outcome of the action in a substantially similar manner and degree.

(5) "Economic gain" means increase in pecuniary value from sources other than lawful compensation as a public official.

(6) "Governmental entity" means:

(a) The state of Idaho and all agencies, commissions and other governmental bodies of the state; and

(b) Counties and municipalities of the state of Idaho, all other political subdivisions including, but not limited to, highway districts, planning and zoning commissions or governmental bodies not specifically mentioned in this chapter.

(7) "Members of a household" means the spouse and dependent children of the public official and/or persons whom the public official is legally obligated to support.

(8) "Person" means an individual, proprietorship, partnership, association, trust, estate, business trust, group or corporation, whether operated for profit or not, and any other legal entity, or agent or servant thereof, or a governmental entity.

(9) "Public office" means any position in which the normal and usual duties are conducted on behalf of a governmental entity.

(10) "Public official" means any person holding public office in the following capacity:

(a) As an elected public official meaning any person holding public office of a governmental entity by virtue of an elected process, including persons appointed to a vacant elected office of a governmental entity, excluding members of the judiciary; or

(b) As an elected legislative public official meaning any person holding public office as a legislator; or

(c) As an appointed public official meaning any person holding public office of a governmental entity by virtue of formal appointment as required by law; or

(d) As an employed public official meaning any person holding public office of a governmental entity by virtue of employment, or a person employed by a governmental entity on a consultive basis.

Legislative History: [74-403, added 2015, ch. 140, sec. 5, p. 374.]

I.C. § 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 of a conflict does not affect an elected public official’s authority to be counted for purposes of determining a quorum and to debate and to vote on the matter, unless the public official requests to be excused from debate and voting at his or her discretion. In order to determine whether a conflict of interest exists relative to any matter within the scope of the official functions of a public official, a public official may seek legal advice from the attorney representing that governmental entity or from the attorney general or from independent counsel. If the legal advice is that no real or potential conflict of interest exists, the public official may proceed and shall not be subject to the prohibitions of this chapter. If the legal advice is that a real or potential conflict may exist, the public official:

(1) If he is an elected legislative public official, he shall disclose the nature of the potential conflict of interest and/or be subject to the rules of the body of which he/she is a member and shall take all action required under such rules prior to acting on the matter. If a member requests to be excused from voting on an issue which involves a conflict or a potential conflict, and the body of which he is a member does not excuse him, such failure to excuse shall exempt that member from any civil or criminal liability related to that particular issue.

(2) If he is an elected state public official, he shall prepare a written statement describing the matter required to be acted upon and the nature of the potential conflict, and shall file such statement with the secretary of state prior to acting on the matter. A public official may seek legal advice from the attorney representing that agency or from the attorney general or from independent counsel. The elected public official may then act on the advice of the agency’s attorney, the attorney general or independent counsel.

(3) If he is an appointed or employed state public official, he shall prepare a written statement describing the matter to be acted upon and the nature of the potential conflict, and shall deliver the statement to his appointing authority. The appointing authority may obtain an advisory opinion from the attorney general or from the attorney representing that agency. The public official may then act on the advice of the attorney general, the agency’s attorney or independent counsel.

(4) If he is an elected public official of a county or municipality, he shall disclose the nature of a potential conflict of interest prior to acting on a matter and shall be subject to the rules of the body of which he/she is a member and take all action required by the rules prior to acting on the matter. If a member requests to be excused from voting on an issue which involves a conflict or a potential conflict, and the body of which he is a member does not excuse him, such failure to excuse shall exempt that member from any civil or criminal liability related to that particular issue. The public official may obtain an advisory opinion from the attorney general or the attorney for the county or municipality or from independent counsel. The public official may then act on the advice of the attorney general or attorney for the county or municipality or his independent counsel.

(5) If he is an appointed or employed public official of a county or municipality, he shall prepare a written statement describing the matter required to be acted upon and the nature of the potential conflict, and shall deliver the statement to his appointing authority. The appointing authority may obtain an advisory opinion from the attorney for the appointing authority, or, if none, the attorney general. The public official may then act on the advice of the attorney general or attorney for the appointing authority or independent counsel.

(6) Nothing contained herein shall preclude the executive branch of state government or a political subdivision from establishing an ethics board or commission to perform the duties and responsibilities provided for in this chapter. Any ethics board or commission so established shall have specifically stated powers and duties including the power to:

(a) Issue advisory opinions upon the request of a public official within its jurisdiction;

(b) Investigate possible unethical conduct of public officials within its jurisdiction and conduct hearings, issue findings, and make recommendations for disciplinary action to a public official’s appointing authority;

(c) Accept complaints of unethical conduct from the public and take appropriate action.

Legislative History: [74-404, added 2015, ch. 140, sec. 5, p. 375.]

I.C. § 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 be prohibited from having an interest in any contract made or entered into by the board of which he is a member, if he strictly observes the procedure set out in section 18-1361A , Idaho Code.

Legislative History: [74-405, added 2015, ch. 140, sec. 5, p. 376.]

I.C. § 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 that the provisions of this subsection shall not apply to any public official where the governmental entity on which said official serves has put into operation an ethics commission or board described in section 74-404 (6), Idaho Code.

(2) The penalty prescribed in subsection (1) of this section does not limit the power of either house of the legislature to discipline its own members, nor limit the power of governmental entities, including occupational or professional licensing bodies, to discipline their members or personnel. A violation of the provisions of this chapter shall not preclude prosecution and conviction for any criminal violation that may have been committed.

Legislative History: [74-406, added 2015, ch. 140, sec. 5, p. 376.]

I.C. § 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-related correspondence with a taxpayer, whether or not it includes a check, warrant, or rebate, unless acting as an endorser of a check, warrant, or rebate or unless otherwise necessary for the proper execution of a check, warrant, or rebate. This provision shall not apply to standard letterhead of the state or of a county.

(2) For the purposes of this section, "electioneering message" shall include statements regarding, expressing support for, or soliciting support for any:

(a) Governmental program or initiative; or

(b) Nonprofit corporation, including any program or initiative of a nonprofit corporation.

Legislative History: [74-407, added 2023, ch. 284, sec. 1, p. 869; am. 2024, ch. 46, sec. 1, p. 253.]

Chapter 5¶

I.C. § 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.

Legislative History: [74-501, added 2015, ch. 140, sec. 5, p. 377.]

I.C. § 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 is an officer and noted in the official minutes or similar records prior to the formation of the contract, and thereafter the governing body authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer having the remote interest. As used in this section, "remote interest" means:

(a) That of a nonsalaried officer of a nonprofit corporation; or

(b) That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; or

(c) That of a landlord or tenant of a contracting party; or

(d) That of a holder of less than one percent (1%) of the shares of a corporation or cooperative which is a contracting party.

(2) Although a public official’s interest in a contract may be only remote, a public official shall not influence or attempt to influence any other officer of the board of which he is an officer to enter into the contract. Violation of the provisions of this subsection shall be a misdemeanor as provided in section 74-509 , Idaho Code. Any contract created or entered into in violation of the provisions of this subsection shall be void.

Legislative History: [74-502, added 2015, ch. 140, sec. 5, p. 377.]

I.C. § 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.

Legislative History: [74-503, added 2015, ch. 140, sec. 5, p. 377.]

I.C. § 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.

Legislative History: [74-504, added 2015, ch. 140, sec. 5, p. 377.]

I.C. § 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, or to the use or benefit of any person or persons, whatever, any state, county, or city warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the state, or any county or city thereof, except evidences of indebtedness issued to or held by them for services rendered as such officer, deputy or clerk, and evidences of the funded indebtedness of such state, county, city, district or corporation.

Legislative History: [74-505, added 2015, ch. 140, sec. 5, p. 377.]

I.C. § 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 file with him an affidavit that he has not violated any of the provisions of this chapter.

Legislative History: [74-506, added 2015, ch. 140, sec. 5, p. 377.]

I.C. § 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, received or transferred contrary to any of the provisions of this chapter.

Legislative History: [74-507, added 2015, ch. 140, sec. 5, p. 378.]

I.C. § 74-508: Suspension of settlement or payment — Prosecution of offenders¶

Every officer charged with the disbursement of public moneys, who is informed by affidavit that any officer whose account is to be settled, audited, or paid by him, has violated any of the provisions of this chapter, must suspend such settlement or payment, and cause such officer to be prosecuted for such violation.

Legislative History: [74-508, added 2015, ch. 140, sec. 5, p. 378.]

I.C. § 74-509: Violation¶

A violation of the provisions of this chapter, unless otherwise provided, is a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000), or incarceration in the county jail for a period not exceeding one (1) year, or by both such fine and incarceration.

Legislative History: [74-509, added 2015, ch. 140, sec. 5, p. 378.]

I.C. § 74-510: 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 be prohibited from having an interest in any contract made or entered into by the board of which he is a member, if he strictly observes the procedure set out in section 18-1361A , Idaho Code.

Legislative History: [74-510, added 2015, ch. 140, sec. 5, p. 378.]

I.C. § 74-511: Violation relating to public contracts¶

Officers shall not commit any act prohibited by section 67-9230 , Idaho Code, violations of which are subject to penalties as provided in section 67-9231 , Idaho Code, and which prohibitions and penalties shall be deemed to extend to all public officers governed by the provisions of this chapter.

Legislative History: [74-511, added 2015, ch. 140, sec. 5, p. 378; am. 2016, ch. 289, sec. 20, p. 820.]

Chapter 6¶

I.C. § 74-601: SHORT TITLE¶

This act shall be known and may be cited as the "Public Integrity in Elections Act."

Legislative History: [74-601, added 2018, ch. 260, sec. 1, p. 616.]

I.C. § 74-602: LEGISLATIVE INTENT¶

The legislature finds that it is against the public policy of the state of Idaho for public funds, resources or property to be used to advocate for or against a candidate or ballot measure.

Legislative History: [74-602, added 2018, ch. 260, sec. 1, p. 616.]

I.C. § 74-603: definitions¶

As used in this chapter:

(1)(a) "Advocate" means to campaign for or against a candidate or the outcome of a ballot measure.

(b) "Advocate" does not mean providing factual information about a ballot measure and the public entity’s reason for the ballot measure stated in a factually neutral manner. Factual information includes but is not limited to the cost of indebtedness, intended purpose, condition of property to be addressed, date and location of election, qualifications of candidates, or other applicable information necessary to provide transparency to electors.

(2) "Ballot measure" means constitutional amendments, bond measures, or levy measures.

(3) "Candidate" means and includes every person for whom it is contemplated or desired that votes be cast at any political convention, primary, general, local, or special election and who either tacitly or expressly consents to be so considered.

(4) "Expenditure" means:

(a) A purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value; or

(b) A legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value.

(5) "Property or resources" means goods, services, equipment, computer software and hardware, college extra credit, other items of intangible property, or facilities provided to or for the benefit of a candidate, a candidate’s personal campaign committee, a political issues committee for political purposes, or advocacy for or against a ballot measure or candidate. Public property or resources that are available to the general public, at such times and in such manner as they are available to the general public, are exempt from this exclusion and may be used by a political party as defined in section 34-109 , Idaho Code, provided that all political parties are given equal and fair access.

(6) "Public entity" means the state, each state agency, county, municipality, school district, state institution of higher learning, or other taxing district or public corporation empowered to submit ballot measures to its electors.

(7) "Public funds" means any money received by a public entity from appropriations, taxes, fees, interest, or other returns on investment.

(8) "Public official" means an elected or appointed member of a public entity who has:

(a) Authority to make or determine public policy;

(b) Supervisory authority over the personnel and affairs of a public entity; or

(c) Authority to approve the expenditure of funds for the public entity.

(9) "State agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, or other administrative unit of the state.

Legislative History: [74-603, added 2018, ch. 260, sec. 1, p. 616; am. 2021, ch. 291, sec. 1, p. 871; am. 2022, ch. 179, sec. 1, p. 582.]

I.C. § 74-604: PUBLIC FUNDS PROHIBITED¶

Unless specifically required by law, and except as provided in this chapter:

(1) Neither a public entity nor its employees shall make, nor shall a public official make or authorize, an expenditure from public funds to advocate for or against a candidate or a ballot measure.

(2) Neither a public entity nor any of its employees shall use, nor shall a public official authorize or use, public property or resources to advocate for or against a candidate or a ballot measure. There shall be an exception to the provisions of this subsection for any elected and currently serving Idaho legislator personally making use of public property or resources for the sole purpose of advocating for or against an initiative or referendum. This exemption shall apply only to the legislator’s use of public property or resources for communication with the public using electronic or traditional physical correspondence or the use of any portion of any media initially produced using public property or resources from recordings of the legislature or any legislative committees. This exception shall not apply to any travel-related expenses or any advocacy for or against a candidate.

(3) Neither a public entity nor any of its employees shall provide or offer to provide, nor shall a public official provide or offer to provide, college extra credit to a student of a state institution of higher learning either:

(a) To encourage a student to vote or not vote; or

(b) To influence a student’s vote for or against a candidate or ballot measure.

Legislative History: [74-604, added 2018, ch. 260, sec. 1, p. 617; am. 2021, ch. 291, sec. 2, p. 872; am. 2024, ch. 268, sec. 1, p. 931.]

I.C. § 74-605: EXCLUSIONS¶

Nothing in this chapter shall prohibit:

(1) A public official or employee from speaking, campaigning, contributing personal money or otherwise exercising the public official’s or employee’s individual first amendment rights for political purposes, provided no public funds are used for expenditures supporting the public official or employee in such activity;

(2) A public entity, public official or employee from the neutral encouragement of voters to vote;

(3) An elected official or employee from personally campaigning or advocating for or against a ballot measure, provided no public funds, property or resources are used for supporting the elected official or employee in such activity except as provided in subsection (4) of this section;

(4) An elected and currently serving Idaho legislator personally making use of public property or resources for the sole purpose of advocating for or against an initiative or referendum, provided the use shall only apply to the legislator’s use of public property or resources for communication with the public using electronic or traditional physical correspondence or the use of any portion of any media initially produced using public property or resources from recordings of the legislature or any legislative committees, and provided the use does not apply to any travel-related expenses or any advocacy for or against a candidate;

(5) A public entity from preparing and distributing to electors an objective statement explaining the purpose and effect of the ballot measure, including in the case of bond or levy elections the cost per taxpayer or taxable value, or similar information based on reasonable estimates prepared in good faith;

(6) The formulation and publication of statements regarding proposed amendments to the state constitution, as authorized by section 67-453 , Idaho Code;

(7) The publication of information described in sections 34-913 , 34-914 , and 34-1406 , Idaho Code, as applicable, or other provisions of law requiring notices and disclosures in connection with elections and ballot measures; or

(8) A balanced student classroom discussion or debate of current or pending election issues.

Legislative History: [74-605, added 2018, ch. 260, sec. 1, p. 617; am. 2021, ch. 288, sec. 6, p. 866; am. 2024, ch. 268, sec. 2, p. 931.]

I.C. § 74-606: violations — remedies¶

(1) Any public official or employee who conducts or participates in an activity that violates the provisions of this chapter shall be subject to a civil penalty not to exceed two hundred fifty dollars ($250).

(2) Any public official or employee who knowingly violates the provisions of this chapter shall be subject to a civil penalty not to exceed one thousand five hundred dollars ($1,500).

(3) Any public official or employee who knowingly violates any provision of this chapter and who has previously admitted to committing or has been previously determined to have committed a violation pursuant to subsection (2) of this section within the twelve (12) months preceding this subsequent violation shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500).

(4) The attorney general shall have the duty to enforce this chapter in relation to public agencies of state government, and the prosecuting attorneys of the various counties shall have the duty to enforce this chapter in relation to local public agencies within their respective jurisdictions. In the event that there is reason to believe that a violation of the provisions of this act has been committed by members of a board of county commissioners or, for any other reason a county prosecuting attorney is deemed disqualified from proceeding to enforce this chapter, the prosecuting attorney or board of county commissioners shall seek to have a special prosecutor appointed for that purpose, as provided in section 31-2603 , Idaho Code.

Legislative History: [74-606, added 2018, ch. 260, sec. 1, p. 618.]

Chapter 7¶

I.C. § 74-701: PURPOSE OF CHAPTER¶

The purpose of this chapter is:

(1) To promote public confidence in government; and

(2) To promote openness in government and to provide transparency by those promoting or opposing legislation or attempting to influence executive or administrative actions for compensation.

Legislative History: [74-701, added 2025, ch. 280, sec. 10, p. 1189.]

I.C. § 74-702: DEFINITIONS¶

As used in this chapter, the following terms have the following meanings:

(1) "Compensation" includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value, and any contract, agreement, promise, or other obligation, whether or not legally enforceable, for any of the foregoing, for services rendered or to be rendered, but does not include reimbursement of expenses if such reimbursement does not exceed the amount actually expended for such expenses and is substantiated by an itemization of such expenses.

(2) "Contractor" means a person who receives compensation from another person for either full-time or part-time work based on a contract or compensation agreement, but who is not an employee of that person.

(3) "Employee" means an individual who performs a service for wages or other compensation from which the individual’s employer withholds federal employment taxes under a contract for hire, written or oral.

(4) "Executive official" means:

(a) The governor, lieutenant governor, secretary of state, state controller, state treasurer, attorney general, superintendent of public instruction, and any deputy or staff member of any of those individuals who, within the course and scope of employment, is directly involved in major policy-influencing decisions for the office;

(b) A state department or agency director, deputy director, division administrator, or bureau chief as established and enumerated in sections 67-2402 and 67-2406 , Idaho Code;

(c) The membership and the executive or chief administrative officer of any board or commission that is authorized to make rules or conduct rulemaking activities pursuant to section 67-5201 , Idaho Code;

(d) The membership and the executive or chief administrative officer of any board or commission that governs any of the state departments enumerated in section 67-2402 , Idaho Code, not including public school districts;

(e) The membership and the executive or chief administrative officer of the Idaho public utilities commission, the Idaho industrial commission, and the Idaho state tax commission; and

(f) The members of the governing board of the state insurance fund and the members of the governing board and the executive or chief administrative officer of the Idaho housing and finance association, the Idaho energy resources authority, and the Idaho state building authority.

(5) "Expenditure" includes any payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign.

(6) "Indirect lobbying" means attempting to influence the opinion of the public with respect to legislation, members of the legislature, or executive officials and encouraging the members of the public to take action with respect to such legislation or individuals and shall include but shall not be limited to attempts to influence the opinion of the public through email, text messaging, direct messaging, door-to-door solicitation, billboards, television broadcasts, radio broadcasts, online advertising, and social media messaging or solicitation.

(7) "Lobby" or "lobbying" means attempting through contacts with, or causing others to make contact with, members of the legislature or an executive official to influence the approval, modification, or rejection of any legislation by the Idaho legislature or any committee thereof or by the governor or to develop or maintain relationships with, promote goodwill with, or entertain members of the legislature or executive officials. "Lobby" or "lobbying" also means indirect lobbying. "Lobby" or "lobbying" also means communicating with an executive official for the purpose of influencing the consideration, amendment, adoption, or rejection of any rule or rulemaking as defined in section 67-5201 , Idaho Code, or any ratemaking decision, procurement, contract, bid or bid process, financial services agreement, or bond issue. Neither "lobby" nor "lobbying" includes an association’s or other organization’s act of communicating with the members of that association or organization; and neither "lobby" nor "lobbying" includes communicating with an executive official for the purpose of carrying out ongoing negotiations following the award of a bid or a contract, communications involving ongoing legal work and negotiations conducted by and with attorneys for executive agencies, interactions between parties in litigation or other contested matters, or communications among and between members of the legislature and executive officials and their employees, or by state employees while acting in their official capacity or within the course and scope of their employment.

(8) "Lobbyist" includes any person who lobbies.

(9) "Lobbyist’s client" means the person on whose behalf the lobbyist is acting, directly or indirectly, as a contractor, and by whom the lobbyist or lobbyist’s employer is compensated for acting as a lobbyist.

(10) "Lobbyist’s employer" means the person for whom a lobbyist is an employee and by whom the lobbyist is compensated for acting as a lobbyist.

(11) "Person" means an individual, corporation, association, firm, partnership, committee, political party, club or other organization or group of persons.

Legislative History: [74-702, added 2025, ch. 280, sec. 10, p. 1190.]

I.C. § 74-703: REGISTRATION OF LOBBYISTS¶

(1) Before doing any lobbying, or within thirty (30) days after being employed, designated, or contracted as a lobbyist, whichever occurs first, a lobbyist shall register by filing with the secretary of state a lobbyist registration statement, in such detail as the secretary of state shall prescribe, accompanied by payment of a registration fee of ten dollars ($10.00) to be deposited by the secretary of state in the state treasury. The lobbyist registration statement shall include:

(a) The lobbyist’s name, permanent business address, and any temporary residential and business address in Ada county during the legislative session;

(b) The name, address, and notification email address to be used under section 74-705 (2), Idaho Code, for the employer, client, or designated contact, as well as the general nature of the occupation or business of the lobbyist’s employer or client, and the duration of the employment or contract;

(c) In the case of a designated lobbyist for a corporate entity as described in section 74-704 (7), Idaho Code, the name and notification email address of the corporate entity that is already registered as a lobbyist and for whom the designated lobbyist will be reporting all corporate and employee activities;

(d) Whether the person from whom he receives compensation employs him solely as a lobbyist or whether he is a regular employee performing services for his employer that include but are not limited to lobbying of legislation;

(e) The general subjects of the lobbyist’s legislative interest; and

(f) The name and address of the person who will have custody of the accounts, bills, receipts, books, papers, and documents required to be kept under this chapter.

(2) Any lobbyist who receives or is to receive compensation from more than one (1) person for his services as a lobbyist shall file a separate notice of representation, accompanied by the fee of ten dollars ($10.00) for each separate notice of representation, with respect to each such person; except that when a lobbyist whose fee for acting as such in respect to the same legislation or type of legislation is, or is to be, paid or contributed by more than one (1) person, then such lobbyist may file a single statement, in which he shall detail the name, business address and general occupation of each person so paying or contributing.

(3) Whenever a change, modification, or termination of the lobbyist’s employment or contract occurs, the lobbyist shall, within one (1) week of such change, modification, or termination, furnish full information regarding the same by filing with the secretary of state an amended registration statement.

(4) Each lobbyist who has registered shall file a new registration statement, revised as appropriate, on or before each January 10, and failure to do so shall terminate his registration.

Legislative History: [74-703, added 2025, ch. 280, sec. 10, p. 1191.]

I.C. § 74-704: EXEMPTION FROM REGISTRATION¶

The following persons and activities shall be exempt from registration and reporting under sections 74-703 and 74-705 , Idaho Code:

(1) Persons who limit their lobbying activities to appearances before public sessions of committees of the legislature or to appearances or participation in public meetings, public hearings, or public proceedings held or initiated by executive officials or their employees;

(2) Persons who are employees of an entity engaged in the business of publishing, broadcasting, or televising, while engaged in the gathering and dissemination of news and comment thereon to the general public in the ordinary course of business;

(3) Persons who do not receive any compensation for lobbying and persons whose compensation for lobbying does not exceed two hundred fifty dollars ($250) in the aggregate during any calendar quarter, including persons who lobby on behalf of their employer, and the lobbying activity represents less than the equivalent of two hundred fifty dollars ($250) of the employee’s time per calendar year quarter, based on an hourly proration of said employee’s compensation;

(4) Members of a trade association who are acting on behalf of and at the request of the trade association, if such association has registered as a lobbyist pursuant to this chapter, and if any expenditures are reported by the association pursuant to section 74-705 , Idaho Code;

(5) Elected state officers, state executive officers appointed by the governor subject to confirmation by the senate, and elected officials of political subdivisions of the state of Idaho, acting in their official capacity;

(6) A person who represents a bona fide church, of which he is a member, solely for the purpose of protecting the constitutional right to the free exercise of religion; and

(7)(a) Employees of a corporate entity, if such corporate entity:

(i) Has registered as a lobbyist pursuant to this chapter;

(ii) Has appointed one (1) or more of its employees or contractors as its official designated lobbyist; and

(iii) The person so appointed by the corporate entity has completed the designated lobbyist registration.

(b) The corporate entity shall, through its designated lobbyist, fully and accurately report all expenditures made by employees who are exempt pursuant to this section in the manner and at the times required by this chapter, and, in addition thereto, shall report the names of all employees who make expenditures in the aggregate sum of fifty dollars ($50.00) or more during any calendar year on behalf of the corporate entity’s lobbying activities.

Legislative History: [74-704, added 2025, ch. 280, sec. 10, p. 1192.]

I.C. § 74-705: REPORTING BY LOBBYISTS¶

(1) Any lobbyist registered under section 74-703 , Idaho Code, shall file with the secretary of state a monthly report of his lobbying activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the secretary of state. Monthly reports shall be filed within fifteen (15) days of the first day of the month for the activities of the month just past.

(2) Once a lobbyist has filed a monthly report, each person identified as an employer, client, or designated contact on the report will be electronically notified that the report has been filed by the lobbyist, using the contact information provided for the employer, client, or designated contact upon registration.

(3) Each monthly periodic report shall contain:

(a) The total of all expenditures made or incurred on behalf of such lobbyist by the lobbyist’s employers or clients, not including payments made directly to the lobbyist, during the period covered by the report. The totals shall be segregated according to financial category, including but not limited to entertainment, food and refreshment, honoraria, travel, lodging, advertising, and other like expenditures. Reimbursed personal living and travel expenses of a lobbyist made or incurred directly or indirectly for any lobbying purpose need not be reported;

(b) For any expenditure made on any single occasion that exceeds one hundred thirty-five dollars ($135) per person that is made for the purpose of lobbying for the benefit of or for any purposes related to the official capacity of any legislator or executive official, the date, name of payee, purpose, the name of any legislator or executive official to whom the expenditure relates, and the amount of such expenditure. Expenditures made for the purpose of lobbying for the benefit of or for any purposes related to members of the household of a legislator or executive official shall also be itemized if such expenditure exceeds the amount listed in this subsection. The itemization threshold in this paragraph shall be adjusted biennially by directive of the secretary of state, using consumer price index data compiled by the United States department of labor;

(c) In the case of a lobbyist employed by or contracted with more than one (1) employer or client, the proportionate amount of such expenditures in each category made or incurred on behalf of each of his employers or clients; and

(d) The subject matter of proposed legislation and the number of each senate or house bill, resolution, memorial, or other legislative activity or any rule, ratemaking decision, procurement, contract, bid or bid process, financial services agreement or bond in which the lobbyist has been engaged in supporting or opposing during the reporting period; provided that in the case of appropriations bills, the lobbyist shall enumerate the specific section or sections that he supported or opposed.

(4) In addition to any other reports required under this section, lobbyists shall report to the secretary of state any expenditure of one hundred dollars ($100) or more that is related to any indirect lobbying efforts within forty-eight (48) hours after such expenditure is made. Such report shall include the name of the lobbyist making the expenditure, the name and address of the client or employer on whose behalf the expenditure was made, the financial category of the expenditure, the date of the expenditure, and all applicable information required pursuant to subsection (3)(d) of this section. However, expenditures for food, refreshment, and entertainment are exempt from the requirements of this subsection and shall be reported as a part of the lobbyist’s monthly report. Any report filed under this subsection shall be in addition to the reporting of these expenditures in the lobbyist’s regular reports. For the purpose of determining when any expenditure report should be filed under this chapter, an expenditure is made on the day that the public communication paid by the expenditure is made or on the date payment is made, whichever is earlier.

(5) Reports required to be filed under the provisions of this section shall be filed online with the secretary of state, except as provided in section 74-710 , Idaho Code, by no later than midnight on the date the filing is due.

Legislative History: [74-705, added 2025, ch. 280, sec. 10, p. 1193.]

I.C. § 74-706: REPORTS BY STATE ENTITIES¶

Any office or agency of state government or a state-funded educational institution that offers gifts of any kind through interaction with the legislative or executive departments of state government shall file the same reports lobbyists are required to file pursuant to section 74-705 , Idaho Code, unless the office, agency, or state-funded educational institution is otherwise represented by a lobbyist who files all necessary reports and documentation as provided by law.

Legislative History: [74-706, added 2025, ch. 280, sec. 10, p. 1194.]

I.C. § 74-707: EMPLOYMENT OF UNREGISTERED PERSONS¶

It shall be a violation of this chapter for any person to employ for pay or any consideration, or to pay or agree to pay any compensation to, a person to lobby who is not registered or exempt from registration under this chapter unless such person registers as a lobbyist as provided by this chapter as soon as practicable after such employment, payment, or agreement.

Legislative History: [74-707, added 2025, ch. 280, sec. 10, p. 1194.]

I.C. § 74-708: DUTIES OF LOBBYISTS¶

A person required to register as a lobbyist under this chapter shall also have the following obligations, the violation of which shall constitute cause for revocation of his registration and may subject such person and such person’s employer or client, if such employer or client aids, abets, ratifies, or confirms any such violation, to other civil liabilities as provided by this chapter:

(1) Such persons shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate the financial reports required to be made under this chapter for a period of at least three (3) years from the date of the filing of the statement containing such items, which accounts, bills, receipts, books, papers, and documents shall be made available for inspection by the secretary of state at any reasonable time during such three (3) year period; provided, however, that if a lobbyist is required under the terms of his employment contract to turn any records over to his employer or client, responsibility for the preservation of such records under this subsection shall rest with such employer or client.

(2) A person required to register as a lobbyist shall not:

(a) Engage in any activity as a lobbyist before registering as such;

(b) Knowingly deceive or attempt to deceive any legislator to any fact pertaining to any pending or proposed legislation;

(c) Cause or influence the introduction of any bill or amendment thereto for the purpose of thereafter being employed to secure its defeat;

(d) Knowingly represent an interest adverse to any of his employers or clients without first obtaining such employers’ or clients’ consent thereto after full disclosure to such employers or clients of such adverse interest;

(e) Exercise any economic reprisal, extortion, or unlawful retaliation on any legislator by reason of such legislator’s position with respect to, or his vote on, any pending or proposed legislation;

(f) Accept any employment as a lobbyist for compensation dependent in any manner upon the passage or defeat of any proposed or pending legislation or upon any other contingency connected with the action of the legislature or of either house thereof or of any committee thereof. This contingent fee prohibition shall also apply to lobbying activities that pertain to communications with executive officials as defined in section 74-702 (4), Idaho Code; or

(g) Lobby any member of the legislature or any executive official who is the spouse, child, child-in-law, parent, parent-in-law, sibling, or sibling-in-law of such person.

(3) To ensure proper reporting and identification of the source of expenditures, any public communication made that is reportable as a lobbying expense under this chapter shall clearly state "Paid for by [the name of the filing entity, lobbyist’s client, or lobbyist’s employer]." If the communication is made for the purpose of soliciting funds, the disclosure shall also clearly state "This is an attempt to solicit funds."

Legislative History: [74-708, added 2025, ch. 280, sec. 10, p. 1194.]

I.C. § 74-709: DOCKET — CONTENTS — REPORTS TO LEGISLATURE — SUBJECTS OF LEGISLATION¶

The secretary of state shall prepare and keep a docket in which shall be entered the name and business address of each lobbyist, the name and business address of his employers, and the subjects of legislation, by bill number, if available, to which the employment relates, which information shall also be indexed by names of employers of lobbyists. Such docket shall be a public record and open to the inspection of any citizen upon demand at any time during the regular business hours of the office of the secretary of state. Beginning with the first week following the beginning of any regular or special session of the legislature and on every Wednesday thereafter for the duration of such session, the secretary of state shall from his records report to each house of the legislature the names of lobbyists registered under this chapter not previously reported, the names of the persons whom they represent, and subjects of legislation, by bill number, if available, in which they are interested.

Legislative History: [74-709, added 2025, ch. 280, sec. 10, p. 1195.]

I.C. § 74-710: DUTIES OF SECRETARY OF STATE¶

(1) The secretary of state is charged with enforcement of the provisions of this chapter.

(2) In addition to duties otherwise prescribed in this section, it shall be the duty of the secretary of state:

(a) To prescribe forms for statements and other information required by this chapter to be filed and to furnish such forms and an instruction manual to persons required to file such statements and information;

(b) To make statements and other information filed with him available for public inspection and copying during regular office hours and to make copying facilities available at a charge not to exceed actual cost;

(c) To preserve such statements and other information for a period of four (4) years from date of receipt;

(d) To investigate statements filed under the provisions of this chapter, to investigate alleged failures to file any statement required under the provisions of this chapter, and, upon complaint by any person, to investigate alleged violations of any provision of this chapter;

(e) To report suspected violations of law to the appropriate law enforcement authorities;

(f) To prescribe and publish rules, subject to legislative approval, in accordance with the provisions of chapter 52, title 67 , Idaho Code, and to take such other actions as may be appropriate to carry out the provisions of this chapter; and

(g) To require and prescribe methods for the filing of reports in an online database established by the secretary of state’s office for the filing and publication of all reports required pursuant to this chapter. The online database shall accommodate the filings of all lobbyists. The online database shall be accessible on the secretary of state’s website and be searchable by the public by address, date, expense, purpose, and any other content deemed appropriate by the secretary of state. The secretary of state may, on an individual basis, grant a hardship waiver and accept a report required by this chapter in another format specified by the secretary of state, which shall be entered into the online database by the secretary of state within three (3) days of filing.

Legislative History: [74-710, added 2025, ch. 280, sec. 10, p. 1195.]

I.C. § 74-711: STATEMENTS TO BE CERTIFIED¶

All statements required to be filed with the secretary of state under this chapter shall be signed and certified as true and correct by the person required to file such statements. Electronic signatures and certifications shall be governed by the uniform electronic transactions act pursuant to chapter 50, title 28 , Idaho Code.

Legislative History: [74-711, added 2025, ch. 280, sec. 10, p. 1196.]

I.C. § 74-712: VIOLATIONS — CIVIL FINE — MISDEMEANOR PENALTY — PROSECUTION — LIMITATION — VENUE¶

(1) Any person who violates the provisions of sections 74-703 , 74-705 , 74-707 , 74-708 (1), or 74-711 , Idaho Code, shall be liable for a civil fine not to exceed two hundred fifty dollars ($250) if an individual, and not more than two thousand five hundred dollars ($2,500) if a person other than an individual. The burden of proof for such civil liability shall be met by showing a preponderance of the evidence.

(2) Any person who violates the provisions of section 74-708 (2), Idaho Code, and any person who knowingly and willfully violates sections 74-703 , 74-705 , 74-707 , 74-708 (1), or 74-711 , Idaho Code, is guilty of a misdemeanor and, upon conviction, in addition to the fines set forth in subsection (1) of this section, may be imprisoned for not more than six (6) months or be both fined and imprisoned.

(3) The attorney general or the appropriate prosecuting attorney may prosecute any violations of this chapter.

(4) Prosecution for a civil or misdemeanor violation of this chapter must be commenced within two (2) years after the date on which the violation occurred.

(5) Venue for prosecution under the provisions of this chapter shall be in the county of residence of the defendant if the defendant is a resident of the state of Idaho, otherwise, venue shall be in Ada county.

Legislative History: [74-712, added 2025, ch. 280, sec. 10, p. 1196.]

I.C. § 74-713: LATE FILING OF REPORT — FEES¶

(1) If any person fails to file a report required under this chapter on or before a specified date, he shall be liable to the secretary of state for deposit in the general fund in the amount of fifty dollars ($50.00) per day beginning forty-eight (48) hours after the deadline until the report is filed. The secretary of state shall notify the person that a fine has been assessed and will continue to accrue until the report has been filed. The notification shall be made by telephone or electronic means within twenty-four (24) hours of the missed filing deadline.

(2) The remedy provided in this section is cumulative and does not exclude any other remedy or penalty prescribed in section 74-712 , Idaho Code.

Legislative History: [74-713, added 2025, ch. 280, sec. 10, p. 1196.]

I.C. § 74-714: INJUNCTIONS¶

The district courts of this state shall have original jurisdiction to issue injunctions to enforce the provisions of this chapter upon application by the secretary of state.

Legislative History: [74-714, added 2025, ch. 280, sec. 10, p. 1196.]

I.C. § 74-715: SEVERABILITY¶

If any provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.

Legislative History: [74-715, added 2025, ch. 280, sec. 10, p. 1197.]

I.C. § 74-716: CONSTRUCTION¶

The provisions of this chapter are to be liberally construed to effectuate the policies and purposes of this chapter. In the event of conflict between the provisions of this chapter and any other provision of law, the provisions of this chapter shall govern.

Legislative History: [74-716, added 2025, ch. 280, sec. 10, p. 1197.]