Idaho Commission for Libraries

"What do you mean by state document?"

We often hear this question regarding the types of materials to be sent to us for deposit. This information should help clarify the matter by looking at legal requirements, criteria for deposit, and categories. It will also discuss some gray areas open to interpretation.

It's the Law

State law requires all state agencies to deposit twenty copies of each of their publications with the Idaho Commission for Libraries. As compared to other states, Idaho's depository law is very brief:

• Terminology. Although document is the term used in the depository law, the word publication is probably more descriptive of the formats listed in the law. In other words, the law covers published information, rather than public records such as birth certificates or drivers licenses.

• State agencies. Note that the law pertains to educational institutions and to independent units such as boards and commissions as well as to tax-funded agencies. Temporary bodies such as task forces and councils are not specifically named in the law, but are usually affiliated with a permanent agency and often produce some of the most valuable information on current policy issues.

Criteria for Deposit

To decide whether a publication should be deposited, ask yourself three key questions:

1. Is it published by a state agency or at state government expense?
2. Is it intended for public distribution.
3. Is it distributed outside the agency?

If the answer is "yes" on all counts, the item is a likely candidate for deposit. Funding source and scope of distribution are the two main criteria for determining whether a publication should be deposited with us. Let's take a closer look at each of these criteria.

• Funding source. In general, if the publication is funded by taxes or constituent fees, it is eligible for deposit. This includes items published by state agencies, for state agencies, under contract with state agencies, or in cooperation with state agencies. Today, governmental functions are increasingly carried out through partnerships with private-sector firms and other levels of government. It is especially important to capture the research and policy information found in publications resulting from such partnerships.
• Distribution. A key phrase in the law is "for public distribution." Internal memos, procedure manuals, staff newsletters, and in-house reports do not qualify for deposit. On the other hand, any publication distributed beyond the confines of the agency should be deposited, even if it targets a relatively narrow audience such as program participants or client groups. In our experience, such publications provide insight into the workings of the agency and can be of interest to many users beyond the intended audience.

Categories of Publications

Another way to think about depository requirements is to look at broad categories of publications. Most state publications pertain to the state's financial and legal framework, agency operations, or client services.

• Financial and legal framework. In this category are budget documents and audit reports; legislative journals, reports, bills, laws, and codes; judicial decisions; administrative rules and codes; Executive Orders; and Attorney General's Opinions. Distribution of many of these is formalized under separate statutes, but the remainder are subject to the depository law.

• Agency operations. This category includes annual reports, plans, program reviews, and audit reports. It also covers informational by-products of agency operations, such as directories, bibliographies, maps, statistical compilations, surveys, and research reports.

• Client services. This category may include such items as newsletters, manuals, hand-books, guides, safety bulletins, consumer pamphlets, program brochures, or information sheets targeting a specific client group.

Gray Areas

Criteria and categories can help in determining depository status, but gray areas remain. Some of the more common ones are:

• Draft reports. Unless they are adopted as the final version, draft versions of reports are generally exempt from deposit. The depository program can serve as an outlet for soliciting public comment, provided there is adequate lead time. Keep in mind that it may be several weeks before the depository libraries actually receive and process the draft report.

• Conference and workshop materials. Any formal conference proceedings should be deposited, but manuals designed to accompany oral presentations and workshops should be deposited only if they are complete in themselves.

• Minutes of meetings. Minutes are generally exempt from deposit, although we do collect single copies on a case-by-case basis. Public access to minutes is governed by Idaho Code 67-2344. Minutes should be treated as public records with established retention and preservation schedules.

• Press releases and speeches. We do not collect most speeches and press releases. They are primarily of current value and are distributed through other channels.

• Sale items. Publications dependent on sales or subscriptions as their primary source of revenue are generally exempt from depository distribution. We do ask that two copies be deposited for archival purposes and future research.

• Technical Reports. Highly technical and scientific reports should be deposited, but the full twenty copies may not be necessary. Give us a call if you want to discuss a narrower distribution.

• Electronic formats. Posting electronic publications on a bulletin board or website does not meet the need for either broad public access or historical preservation. To the extent possible and practical, electronic documents should be printed for distribution through the depository program.

Ask us!

We realize these guidelines do not cover every contingency. If you have questions about a particular publication, give us a call at 334-2150 or 1-800-458-3271 and ask to speak to someone about State publications. Together we can determine the best way to make your information available to Idahoans.