Senate Bill 1026 Summary

• Creates a new replevin remedy allowing the state archivist to recover public records improperly transferred or removed from authorized custody by issuing written notice demanding return within 10 calendar days.

• Authorizes the attorney general to petition a court for orders requiring record return if recipients fail to respond or adequately demonstrate lawful possession, with a rebuttable presumption that records once in state or local agency custody were not lawfully alienated.

• Permits courts to issue protective orders preventing destruction or alteration of records and to award attorney's fees and court costs upon successful recovery of records.

• Exempts public records in the custody of organizations or institutions maintaining professional archival standards and providing public access consistent with Idaho public records law from replevin provisions.

• Redesignates existing code sections (9-349, 9-349A, and 9-350) and updates cross-references in sections 40-1306C and 65-301 to correct code citations.