# Idaho Code § 74-101: 74-101 DEFINITIONS

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-101

## Section

- **Citation:** Idaho Code § 74-101
- **Heading:** 74-101 DEFINITIONS
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 74 / Chapter 1 / Section 74-101

## Text

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:
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.

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.]

## Nearby sections

- [Idaho Code § 74-101 74-101 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-101.md)
- [Idaho Code § 74-102 74-102 PUBLIC RECORDS — RIGHT TO EXAMINE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-102.md)
- [Idaho Code § 74-103 74-103 REQUEST AND RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-103.md)
- [Idaho Code § 74-104 74-104 RECORDS EXEMPT FROM DISCLOSURE — EXEMPTIONS IN FEDERAL OR STATE LAW — COURT FILES OF JUDICIAL PROCEEDINGS — OFFICE OF ADMINISTRATIVE HEARINGS — JUDICIAL COUNCIL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-104.md)
- [Idaho Code § 74-105 74-105 RECORDS EXEMPT FROM DISCLOSURE — LAW ENFORCEMENT RECORDS, INVESTIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WORKER'S COMPENSATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-105.md)
- [Idaho Code § 74-106 74-106 RECORDS EXEMPT FROM DISCLOSURE — PERSONNEL RECORDS, PERSONAL INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-106.md)
- [Idaho Code § 74-107 74-107 RECORDS EXEMPT FROM DISCLOSURE — TRADE SECRETS, PRODUCTION RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION, TAX COMMISSION, UNCLAIMED PROPERTY, PETROLEUM CLEAN WATER TRUST FUND.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-107.md)
- [Idaho Code § 74-108 74-108 EXEMPTIONS FROM DISCLOSURE — ARCHAEOLOGICAL, ENDANGERED SPECIES, LIBRARIES, LICENSING EXAMS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-108.md)
- [Idaho Code § 74-109 74-109 RECORDS EXEMPT FROM DISCLOSURE — DRAFT LEGISLATION, RESEARCH, PERSONAL COMMUNICATIONS, PERSONALLY IDENTIFYING INFORMATION, WORK PAPERS, AND DRAFT REDISTRICTING PLANS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-109.md)
- [Idaho Code § 74-110 74-110 EXEMPTION FROM DISCLOSURE — RECORDS OF COURT PROCEEDINGS REGARDING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-110.md)
- [Idaho Code § 74-111 74-111 EXEMPTION FROM DISCLOSURE — RECORDS RELATED TO THE UNIFORM SECURITIES ACT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-111.md)
- [Idaho Code § 74-112 74-112 EXEMPT AND NONEXEMPT PUBLIC RECORDS TO BE SEPARATED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-112.md)
- [Idaho Code § 74-113 74-113 ACCESS TO RECORDS ABOUT A PERSON BY A PERSON.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-113.md)
- [Idaho Code § 74-114 74-114 ACCESS TO AIR QUALITY, WATER QUALITY AND HAZARDOUS WASTE RECORDS — PROTECTION OF TRADE SECRETS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T74_C1_S74-101. Check the current official text before relying on it. Not legal advice.
