Bill Description: House Bill 748 would provide a simplified option for seeking judicial recourse for a records request denial.
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NOTE: House Bill 748 is the third iteration of this bill, following House Bill 625 (2026) and House Bill 600 (2026). The most notable change between this bill and its predecessors is that House Bill 748 would require the filing party to serve the public agency. The other bills would require the district court clerk to serve a copy of the complaint to the public agency.
Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?
House Bill 748 would amend Section 74-115, Idaho Code, related to proceedings to enforce the right to examine or to receive a copy of records.
This section currently provides that the “sole remedy” for “a person aggrieved by the denial of a request for disclosure” is to “institute proceedings in the district court,” but this can be a complicated and costly endeavor that effectively leaves the aggrieved party with little practical recourse.
House Bill 748 would provide an optional and simplified alternative for filing a complaint within 90 days of a denial that requires submitting documentation, paying a $100 filing fee, and serving the public agency with the complaint. This process would not require an attorney and would not include oral arguments, discovery, or witnesses.
The public agency would be required to respond within 14 days.
A judge would review any documents and affidavits and could “request an in-camera review of the documents in question.” The judge would issue a decision within fourteen (14) days.
Either side could appeal the decision.
While the $100 filing fee and the requirement for the filing party to serve the public agency are still barriers to transparency, this process would reduce the barriers relative to the current law.
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