74-101 Definitions
74-102 Public Records — Right to Examine
74-103 Response to Request for Examination of Public Records
74-104 Records Exempt From Disclosure — Exemptions in Federal or State Law — Court Files of Judicial Proceedings
74-105 Records Exempt From Disclosure — Law Enforcement Records, Investigatory Records of Agencies, Evacuation and Emergency Response Plans, Worker’s Compensation
74-106 Records Exempt From Disclosure — Personnel Records, Personal Information, Health Records, Professional Discipline
74-107 Records Exempt From Disclosure — Trade Secrets, Production Records, Appraisals, Bids, Proprietary Information, Tax Commission, Unclaimed Property, Petroleum Clean Water Trust Fund
74-108 Exemptions From Disclosure — Archaeological, Endangered Species, Libraries, Licensing Exams
74-109 Records Exempt From Disclosure — Draft Legislation, Research, Personal Communications, Personally Identifying Information, Work Papers, and Draft Redistricting Plans
74-110 Exemption From Disclosure — Records of Court Proceedings Regarding Judicial Authorization of Abortion Procedures for Minors
74-111 Exemption From Disclosure — Records Related to the Uniform Securities Act
74-112 Exempt and Nonexempt Public Records to Be Separated
74-113 Access to Records About a Person by a Person
74-114 Access to Air Quality, Water Quality and Hazardous Waste Records — Protection of Trade Secrets
74-115 Proceedings to Enforce Right to Examine or to Receive a Copy of Records — Retention of Disputed Records
74-116 Order of the Court — Court Costs and Attorney Fees
74-117 Additional Penalty
74-118 Immunity
74-119 Agency Guidelines
74-120 Prohibition On Distribution or Sale of Mailing or Telephone Number Lists — Penalty
74-121 Replevin — Public Records — Improper or Unlawful Transfer or Removal
74-122 Confidentiality Language Required in This Chapter
74-123 Idaho Code Is Property of the State of Idaho
74-124 Exemptions From Disclosure — Confidentiality
74-125 Evidence From Preliminary Hearing — Admission — Requirements
74-126 Severability

Terms Used In Idaho Code > Title 74 > Chapter 1 - Public Records Act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means any person formally seeking a paid or volunteer position with a public agency. See Idaho Code 74-101
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Copy: means transcribing by handwriting, photocopying, duplicating machine and reproducing by any other means so long as the public record is not altered or damaged. See Idaho Code 74-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Custodian: means the person or persons having personal custody and control of the public records in question. See Idaho Code 74-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Independent public body corporate and politic: means the Idaho housing and finance association as created in chapter 62, title 67, Idaho Code. See Idaho Code 74-101
  • Inspect: means the right to listen, view and make notes of public records as long as the public record is not altered or damaged. See Idaho Code 74-101
  • Investigatory record: means information with respect to an identifiable person, group of persons or entities compiled by a public agency or independent public body corporate and politic 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 or independent public body corporate and politic has regulatory authority or law enforcement authority. See Idaho Code 74-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement agency: means any state or local agency given law enforcement powers or which has authority to investigate, enforce, prosecute or punish violations of state or federal criminal statutes, ordinances or regulations. See Idaho Code 74-101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: means a county, city, school district, municipal corporation, district, public health district, political subdivision, or any agency thereof, or any committee of a local agency, or any combination thereof. See Idaho Code 74-101
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural person, corporation, partnership, firm, association, joint venture, state or local agency or any other recognized legal entity. See Idaho Code 74-101
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Personal property: All property that is not real property.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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. See Idaho Code 74-101
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: means any state or local agency as defined in this section. See Idaho Code 74-101
  • Public official: means any state, county, local district, independent public body corporate and politic or governmental official or employee, whether elected, appointed or hired. See Idaho Code 74-101
  • 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. See Idaho Code 74-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Requester: means the person requesting examination and/or copying of public records pursuant to section 74-102, Idaho Code. See Idaho Code 74-101
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • 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. See Idaho Code 74-101
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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. See Idaho Code 74-101