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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
625
BY
LOCAL
GOVERNMENT
COMMITTEE
AN
ACT
1
RELATING
TO
THE
PUBLIC
RECORDS
ACT;
AMENDING
SECTION
74
-
115,
IDAHO
CODE,
TO
2
PROVIDE
FOR
THE
FILING
OF
A
COMPLAINT
BY
A
PERSON
AGGRIEVED
AND
TO
RE
-
3
VISE
PROVISIONS
REGARDING
DENIAL
OF
A
REQUEST
FOR
DISCLOSURE;
AMENDING
4
SECTION
74
-
114,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AND
5
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
74
-
115,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
74
-
115.
PROCEEDINGS
TO
ENFORCE
RIGHT
TO
EXAMINE
OR
TO
RECEIVE
A
COPY
10
OF
RECORDS
-
-
RETENTION
OF
DISPUTED
RECORDS.
(1)
A
person
aggrieved
by
the
1
1
denial
or
partial
denial
of
a
request
for
disclosure,
or
the
charge
for
dis
-
12
closure,
may
file
a
complaint
in
the
magistrate
court
of
the
county
where
13
the
records
of
some
part
thereof
are
located
to
initiate
a
mandamus
action.
14
The
complaint
contesting
the
public
agency's
response
to
the
records
re
-
15
quest
shall
be
filed
within
ninety
(90)
calendar
days
from
the
date
of
the
16
response.
The
complaint
shall
include
the
full
text
of
the
original
request,
17
the
full
text
of
the
response,
all
communications
between
the
requester
and
18
agency
related
to
the
request
and
response,
and
the
statutory
reason
the
fil
-
19
ing
party
is
contesting
the
response.
The
filing
party
shall
pay
a
one
-
hun
-
20
dred
-
dollar
($100)
filing
fee,
which
shall
be
distributed
to
the
county
dis
-
21
trict
court
fund
and
may
not
be
waived.
The
district
court
clerk
shall
serve
22
a
copy
of
the
complaint
to
the
public
agency
within
three
(3)
days
of
receiv
-
23
ing
the
complaint
and
assign
a
case
number.
Within
fourteen
(14)
days
of
24
receiving
the
complaint,
the
public
agency
in
question
shall
file
a
response
25
with
the
court
that
includes
the
statutory
reason
for
the
response
to
the
26
original
records
request.
Parties
may
attach
affidavits
to
their
respective
27
pleadings.
Neither
party
may
use
discovery
for
the
initial
complaint,
nor
28
shall
they
summon
witnesses.
Attorneys
are
not
required
to
file
or
respond
29
to
the
complaint.
Oral
arguments
are
not
permitted.
Upon
receipt
of
the
30
agency's
response,
the
judge
shall
review
the
filings
and
may
request
an
31
in
-
camera
review
of
the
documents
in
question.
The
judge
shall
issue
a
deci
-
32
sion
within
fourteen
(14)
days.
If
the
parties
reach
an
agreement
before
the
33
judge
issues
an
order,
the
court
shall
dismiss
the
complaint.
Upon
issuance
34
of
the
decision,
either
party
may
initiate
an
appeal
in
the
district
court.
35
(1)
(2)
The
sole
remedy
for
Regardless
of
whether
a
complaint,
as
pro
-
36
vided
in
subsection
(1)
of
this
section,
has
occurred,
a
person
aggrieved
37
by
the
denial
of
a
request
for
disclosure
is
to
may
institute
proceedings
in
38
the
district
court
of
the
county
where
the
records
or
some
part
thereof
are
39
located,
to
compel
the
public
agency
to
make
the
information
available
for
40
public
inspection
in
accordance
with
the
provisions
of
this
chapter.
The
41
petition
contesting
the
public
agency's
decision
shall
be
filed
within
one
42
2
hundred
eighty
(180)
calendar
days
from
the
date
of
mailing
of
the
notice
1
of
denial
or
partial
denial
by
the
public
agency
or
the
issuance
of
a
judi
-
2
cial
decision
in
an
initial
public
records
complaint
that
was
filed
pursuant
3
to
subsection
(1)
of
this
section
.
In
cases
in
which
the
records
requested
4
are
claimed
as
exempt
pursuant
to
section
74
-
107(1)
or
(24),
Idaho
Code,
the
5
petitioner
shall
be
required
to
name
as
a
party
and
serve
the
person
or
en
-
6
tity
that
filed
or
provided
such
documents
to
the
agency,
and
such
person
or
7
entity
shall
have
standing
to
oppose
the
request
for
disclosure
and
to
sup
-
8
port
the
decision
of
the
agency
to
deny
the
request.
The
time
for
responsive
9
pleadings
and
for
hearings
in
such
proceedings
shall
be
set
by
the
court
at
10
the
earliest
possible
time,
or
in
no
event
beyond
twenty
-
eight
(28)
calendar
1
1
days
from
the
date
of
filing.
12
(2)
(3)
The
public
agency
shall
keep
all
documents
or
records
in
ques
-
13
tion
until
the
end
of
the
appeal
period,
until
a
decision
has
been
rendered
on
14
the
petition,
or
as
otherwise
statutorily
provided,
whichever
is
longer.
15
(3)
(4)
Nothing
contained
in
this
chapter
shall
limit
the
availability
16
of
documents
and
records
for
discovery
in
the
normal
course
of
judicial
or
17
administrative
adjudicatory
proceedings,
subject
to
the
law
and
rules
of
18
evidence
and
of
discovery
governing
such
proceedings.
Additionally,
in
any
19
criminal
appeal
or
post
-
conviction
civil
action,
this
chapter
shall
not
make
20
available
the
contents
of
prosecution
case
files
where
such
material
has
21
previously
been
provided
to
the
defendant
nor
shall
this
chapter
be
avail
-
22
able
to
supplement,
augment,
substitute
or
supplant
discovery
procedures
in
23
any
other
federal,
civil
or
administrative
proceeding.
24
SECTION
2.
That
Section
74
-
114,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
74
-
114.
ACCESS
TO
AIR
QUALITY,
WATER
QUALITY
AND
HAZARDOUS
WASTE
27
RECORDS
-
-
PROTECTION
OF
TRADE
SECRETS.
(1)
To
the
extent
required
by
the
28
federal
clean
air
act,
the
federal
clean
water
act
and
the
resource
conser
-
29
vation
and
recovery
act
for
state
primacy
over
any
delegated
or
authorized
30
programs,
even
if
the
record
is
otherwise
exempt
from
disclosure
under
this
31
chapter,
any
person
may
inspect
and
copy:
32
(a)
Air
pollution
emission
data;
33
(b)
The
content
of
any
title
V
operating
permit;
34
(c)
The
name
and
address
of
any
Idaho
pollutant
discharge
elimination
35
system
(IPDES)
applicant
or
permittee;
36
(d)
The
content
of
any
IPDES
permit;
37
(e)
IPDES
permit
applications,
and
information
required
to
be
submit
-
38
ted
by
IPDES
application
forms,
whether
the
information
is
submitted
on
39
the
application
forms
themselves
or
in
any
attachments
used
to
supply
40
information
required
by
the
application
forms;
41
(f)
Effluent
data
or
a
standard
or
limitation,
as
defined
in
40
CFR
42
2.302;
43
(g)
The
name
and
address
of
any
applicant
or
permittee
for
a
hazardous
44
waste
treatment,
storage,
or
disposal
facility
permit
pursuant
to
chap
-
45
ter
44,
title
39,
Idaho
Code;
and
46
(h)
Any
other
record
required
to
be
provided
to
or
obtained
by
the
de
-
47
partment
of
environmental
quality
pursuant
to
the
federal
clean
air
48
act,
the
federal
clean
water
act
and
the
resource
conservation
and
re
-
49
3
covery
act,
and
the
implementing
state
statutes,
federal
regulations
1
and
state
rules,
unless
the
record
is
a
trade
secret.
2
(2)
For
purposes
of
this
section,
a
record,
or
a
portion
of
the
record,
3
is
a
"trade
secret"
if
the
information
contained
in
the
record
is
a
trade
se
-
4
cret
within
the
meaning
of
the
Idaho
trade
secrets
act,
sections
48
-
801,
et
5
seq.,
Idaho
Code,
including
commercial
or
financial
information
which,
if
6
disclosed,
could
cause
substantial
competitive
harm
to
the
person
from
whom
7
the
record
was
obtained.
8
(3)
Any
record,
or
portion
of
a
record,
provided
to
or
obtained
by
the
9
department
of
environmental
quality
and
identified
by
the
person
providing
10
the
record
as
a
trade
secret
shall
not
be
disclosed
to
the
public
and
shall
be
1
1
kept
confidential
according
to
the
procedures
established
in
this
section.
12
(4)
Nothing
in
this
section
shall
be
construed
as
limiting
the
disclo
-
13
sure
of
a
trade
secret
by
the
department
of
environmental
quality:
14
(a)
To
any
officer,
employee,
or
authorized
representative
of
the
state
15
or
the
United
States,
under
a
continuing
claim
of
confidentiality,
as
16
necessary
to
carry
out
the
provisions
of
state
or
federal
law,
or
when
17
relevant
to
any
proceeding
thereunder;
18
(b)
As
determined
necessary
by
the
director
of
the
department
of
en
-
19
vironmental
quality
(under
a
continuing
confidentiality
claim)
to
pro
-
20
tect
the
public
health
and
safety
from
imminent
and
substantial
endan
-
21
germent;
22
(c)
As
required
by
state
or
federal
law,
including
section
23
74
-
115
(3)
(4)
,
Idaho
Code,
under
a
continuing
claim
of
confidentiality
24
and
subsection
(1)
of
this
section;
or
25
(d)
With
the
consent
of
the
person
from
whom
the
record
is
obtained.
26
(5)
It
shall
be
the
responsibility
of
any
person
providing
a
record
to
27
the
department
of
environmental
quality
to
give
notice
of
the
existence
of
a
28
trade
secret
on
each
page
or
other
portion
of
information
at
the
time
of
sub
-
29
mittal,
and
such
person
shall
have
the
burden
of
demonstrating
that
the
in
-
30
formation
is
a
trade
secret.
31
(6)
Notwithstanding
the
time
frames
set
forth
in
section
74
-
103(2),
32
Idaho
Code,
when
a
request
is
made
to
the
department
of
environmental
quality
33
pursuant
to
the
provisions
of
this
chapter
for
the
disclosure
of
information
34
for
which
a
trade
secret
claim
has
been
made,
and
the
information
has
not
35
been
demonstrated
to
be
a
trade
secret
to
the
satisfaction
of
the
director
36
of
the
department
of
environmental
quality,
within
three
(3)
working
days
of
37
receipt
of
the
request
for
the
disclosure
of
the
information,
the
department
38
of
environmental
quality
shall
provide
a
written
request
for
substantiation
39
to
the
person
making
the
confidentiality
claim.
A
response
shall
be
submit
-
40
ted
to
the
department
of
environmental
quality
by
the
person
claiming
the
41
trade
secret
protection
within
ten
(10)
working
days
after
receipt
of
the
42
request
for
substantiation,
or
the
information
subject
to
the
claim
shall
be
43
disclosed
without
further
notice.
Upon
receipt
of
a
timely
response
to
the
44
request
for
substantiation,
the
director
of
the
department
of
environmental
45
quality
shall
determine
whether
the
information
is
a
trade
secret
subject
to
46
protection.
47
(a)
If
it
is
determined
that
the
information,
or
any
portion
of
the
in
-
48
formation,
is
a
trade
secret,
within
three
(3)
working
days
after
re
-
49
ceipt
of
the
response,
the
director
of
the
department
of
environmental
50
4
quality
shall
notify
the
person
requesting
the
information
that
the
re
-
1
quest
is
denied
pursuant
to
subsections
(4)
and
(5)
of
section
74
-
103,
2
Idaho
Code.
3
(b)
If
it
is
determined
that
the
information,
or
any
portion
of
the
4
information,
is
not
a
trade
secret
and
is,
therefore,
subject
to
dis
-
5
closure,
within
three
(3)
working
days
after
receipt
of
the
response,
6
the
director
of
the
department
of
environmental
quality
shall
inform
7
the
person
making
the
confidentiality
claim
of
the
determination.
The
8
decision
shall
be
a
final
agency
action
directly
appealable,
de
novo,
to
9
the
district
court
of
the
county
where
the
records
or
some
part
thereof
10
are
located.
An
appeal
contesting
the
decision
of
the
director
of
the
1
1
department
of
environmental
quality
to
release
information
claimed
to
12
be
a
trade
secret
shall
be
filed
within
ten
(10)
working
days
from
the
13
date
of
receipt
of
the
written
notice
of
decision.
The
information
14
claimed
to
be
a
trade
secret
shall
not
be
disclosed
until
the
period
15
for
appeal
has
expired
with
no
appeal
being
taken,
or
a
court
order
has
16
been
issued
finding
that
the
information
is
not
a
trade
secret
and
all
17
appeals
of
that
order
have
been
exhausted.
18
(7)
In
any
appeal
taken
pursuant
to
this
section,
the
court
may
award
19
reasonable
costs
and
attorney's
fees
to
the
prevailing
party
if
it
finds
the
20
claim
of
confidentiality
or
the
decision
of
the
director
of
the
department
of
21
environmental
quality
to
provide
records
was
frivolously
pursued.
22
(8)
The
department
of
environmental
quality
shall
adopt
rules
which
in
-
23
clude:
24
(a)
Appropriate
measures
to
safeguard
and
protect
against
improper
25
disclosure
of
trade
secrets,
including
procedures
to
train
all
employ
-
26
ees
on
the
proper
handling
of
trade
secrets;
and
27
(b)
Any
other
provisions
necessary
to
carry
out
this
section.
28
(9)
As
it
relates
to
the
department
of
environmental
quality,
or
to
29
agents,
contractors,
or
other
representatives
of
the
department,
the
immu
-
30
nity
created
in
section
74
-
118,
Idaho
Code,
shall
apply
only
when
disclosure
31
of
a
trade
secret
is
made
consistent
with
this
section.
32
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
33
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
34
July
1,
2026.
35