HOUSE BILL NO. 715

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Bill Status



H0715......................................................by STATE AFFAIRS
JUDGES - PUBLIC RECORDS - Amends existing law relating to public records to
exempt from disclosure certain records of active or retired supreme court
justices, court of appeals judges and district and magistrate judges.
                                                                        
02/22    House intro - 1st rdg - to printing
02/23    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 715
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340C,  IDAHO  CODE,  TO  EXEMPT
  3        FROM  DISCLOSURE  CERTAIN  RECORDS OF ACTIVE OR RETIRED SUPREME COURT JUS-
  4        TICES, COURT OF APPEALS JUDGES AND DISTRICT AND MAGISTRATE JUDGES.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 9-340C, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        9-340C.  RECORDS  EXEMPT  FROM  DISCLOSURE  -- PERSONNEL RECORDS, PERSONAL
  9    INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.  The  following  records
 10    are exempt from disclosure:
 11        (1)  Except  as  provided  in  this subsection, all personnel records of a
 12    current or former public official other than the public official's public ser-
 13    vice or employment history, classification, pay  grade  and  step,  longevity,
 14    gross  salary  and salary history, status, workplace and employing agency. All
 15    other personnel information relating to a public employee or applicant includ-
 16    ing, but not limited to, information  regarding  sex,  race,  marital  status,
 17    birth  date,  home  address  and  telephone  number, applications, testing and
 18    scoring materials, grievances,  correspondence  and  performance  evaluations,
 19    shall  not  be  disclosed  to the public without the employee's or applicant's
 20    written consent. A public official or authorized  representative  may  inspect
 21    and  copy  his  personnel records, except for material used to screen and test
 22    for employment.
 23        (2)  Retired employees' and retired public officials' home addresses, home
 24    telephone numbers and other financial  and  nonfinancial  membership  records;
 25    active and inactive member financial and membership records and mortgage port-
 26    folio  loan  documents  maintained  by  the public employee retirement system.
 27    Financial statements prepared by retirement system staff, funding  agents  and
 28    custodians  concerning the investment of assets of the public employee retire-
 29    ment system of Idaho are not considered confidential under this chapter.
 30        (3)  Information and records submitted to the Idaho state lottery for  the
 31    performance  of  background investigations of employees, lottery retailers and
 32    major procurement contractors; audit records of lottery retailers, vendors and
 33    major procurement contractors submitted to or performed  by  the  Idaho  state
 34    lottery; validation and security tests of the state lottery for lottery games;
 35    business records and information submitted pursuant to sections 67-7412(8) and
 36    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information
 37    obtained and held for the  purposes  of  lottery  security  and  investigative
 38    action as determined by lottery rules unless the public interest in disclosure
 39    substantially  outweighs  the  private need for protection from public disclo-
 40    sure.
 41        (4)  Records of a personal nature as follows:
 42        (a)  Records of personal debt filed with a public  agency  or  independent
 43        public body corporate and politic pursuant to law;
                                                                        
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  1        (b)  Personal  bank records compiled by a public depositor for the purpose
  2        of public funds transactions conducted pursuant to law;
  3        (c)  Records of ownership of financial obligations and  instruments  of  a
  4        public  agency  or  independent public body corporate and politic, such as
  5        bonds, compiled by the public agency or independent public body  corporate
  6        and politic pursuant to law;
  7        (d)  Records,  with  regard to the ownership of, or security interests in,
  8        registered public obligations;
  9        (e)  Vital statistics records; and
 10        (f)  Military records as described in  and  pursuant  to  section  65-301,
 11        Idaho Code.
 12        (5)  Information  in  an  income  or other tax return measured by items of
 13    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 14    administering  the  tax,  except such information to the extent disclosed in a
 15    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 16    deficiency  determination  by the tax commission, under the provisions of sec-
 17    tion 63-3045B, Idaho Code.
 18        (6)  Records of a personal nature related directly or  indirectly  to  the
 19    application for and provision of statutory services rendered to persons apply-
 20    ing for public care for the elderly, indigent, or mentally or physically hand-
 21    icapped,  or  participation in an environmental or a public health study, pro-
 22    vided the provisions of this subsection making records exempt from  disclosure
 23    shall  not  apply  to the extent that such records or information contained in
 24    those records are necessary for a background check on an  individual  that  is
 25    required by federal law regulating the sale of firearms, guns or ammunition.
 26        (7)  Employment  security  information  and unemployment insurance benefit
 27    information, except that all interested parties may agree to waive the  exemp-
 28    tion.
 29        (8)  Any  personal records, other than names, business addresses and busi-
 30    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 31    tax  identification  and  social  security numbers, financial worth or medical
 32    condition submitted to any public agency or independent public body  corporate
 33    and  politic pursuant to a statutory requirement for licensing, certification,
 34    permit or bonding.
 35        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 36    part  of an inquiry into a person's fitness to be granted or retain a license,
 37    certificate, permit, privilege, commission or  position,  private  association
 38    peer  review  committee records authorized in title 54, Idaho Code. Any agency
 39    which has records exempt from disclosure under the provisions of this  subsec-
 40    tion  shall  annually  make  available a statistical summary of the number and
 41    types of matters considered and their disposition.
 42        (10) The records, findings, determinations and decisions of any prelitiga-
 43    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 44        (11) Complaints received by the board of medicine and  investigations  and
 45    informal  proceedings,  including informal proceedings of any committee of the
 46    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
 47    adopted thereunder.
 48        (12) Records  of  the  department of health and welfare or a public health
 49    district that identify a person infected with a reportable disease.
 50        (13) Records of hospital care, medical records,  including  prescriptions,
 51    drug  orders,  records or any other prescription information that specifically
 52    identifies an individual patient, prescription records maintained by the board
 53    of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
 54    treatment and professional counseling records relating to an individual's con-
 55    dition, diagnosis, care or treatment, provided the provisions of this  subsec-
                                                                        
                                           3
                                                                        
  1    tion  making records exempt from disclosure shall not apply to the extent that
  2    such records or information contained in those records  are  necessary  for  a
  3    background  check  on an individual that is required by federal law regulating
  4    the sale of firearms, guns or ammunition.
  5        (14) Information collected pursuant to the directory  of  new  hires  act,
  6    chapter 16, title 72, Idaho Code.
  7        (15) Personal  information  contained  in motor vehicle and driver records
  8    that is exempt from disclosure under the provisions of chapter  2,  title  49,
  9    Idaho Code.
 10        (16) Records  of  the financial status of prisoners pursuant to subsection
 11    (2) of section 20-607, Idaho Code.
 12        (17) Records of  the  Idaho  state  police  or  department  of  correction
 13    received  or  maintained  pursuant to section 19-5514, Idaho Code, relating to
 14    DNA databases and databanks.
 15        (18) Records of the department of health and welfare relating to a survey,
 16    resurvey or complaint investigation of a licensed nursing  facility  shall  be
 17    exempt  from disclosure. Such records shall, however, be subject to disclosure
 18    as public records as soon as the facility in question has received the report,
 19    and no later than the fourteenth day following the  date  that  department  of
 20    health  and  welfare  representatives officially exit the facility pursuant to
 21    federal regulations. Provided however, that for purposes  of  confidentiality,
 22    no  record  shall be released under this section which specifically identifies
 23    any nursing facility resident.
 24        (19) Records and information contained in the  registry  of  immunizations
 25    against childhood diseases maintained in the department of health and welfare,
 26    including  information disseminated to others from the registry by the depart-
 27    ment of health and welfare.
 28        (20) Records of the Idaho housing and finance association (IHFA)  relating
 29    to the following:
 30        (a)  Records containing personal financial, family, health or similar per-
 31        sonal information submitted to or otherwise obtained by the IHFA;
 32        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 33        obtaining  and  servicing  mortgage  loans and all records relating to the
 34        review, approval or rejection by the IHFA of said loans;
 35        (c)  Mortgage portfolio loan documents;
 36        (d)  Records of a current or former employee  other  than  the  employee's
 37        duration of employment with the association, position held and location of
 38        employment.  This exemption from disclosure does not include the contracts
 39        of employment or any remuneration, including reimbursement of expenses, of
 40        the executive director, executive officers or commissioners of the associ-
 41        ation. All other personnel information relating to an association employee
 42        or applicant including, but not limited  to,  information  regarding  sex,
 43        race,  marital  status,  birth  date,  home  address and telephone number,
 44        applications, testing and scoring materials,  grievances,  correspondence,
 45        retirement plan information and performance evaluations, shall not be dis-
 46        closed  to  the  public without the employee's or applicant's written con-
 47        sent. An employee or authorized representative may inspect and  copy  that
 48        employee's  personnel records, except for material used to screen and test
 49        for employment or material not subject  to  disclosure  elsewhere  in  the
 50        Idaho public records act.
 51        (21) Records of the department of health and welfare related to child sup-
 52    port  services in cases in which there is reasonable evidence of domestic vio-
 53    lence, as defined in chapter 63, title 39, Idaho Code, that  can  be  used  to
 54    locate any individuals in the child support case except in response to a court
 55    order.
                                                                        
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  1        (22) Records  of  the Idaho state bar lawyer's assistance program pursuant
  2    to chapter 49, title 54, Idaho Code,  unless  a  participant  in  the  program
  3    authorizes  the  release  pursuant to subsection (4) of section 54-4901, Idaho
  4    Code.
  5        (23) Records and information contained in the trauma registry  created  by
  6    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
  7    pilations created from such information and records.
  8        (24) Records  contained  in  the court files, or other records prepared as
  9    part of proceedings for judicial  authorization  of  sterilization  procedures
 10    pursuant to chapter 39, title 39, Idaho Code.
 11        (25) The  physical  voter  registration card on file in the county clerk's
 12    office; however, a redacted copy of said card shall be made available  consis-
 13    tent  with the requirements of this section. Information from the voter regis-
 14    tration card maintained in the statewide voter registration database,  includ-
 15    ing  age,  will be made available except for the voter's driver's license num-
 16    ber, date of birth and, upon showing of good cause by the voter to the  county
 17    clerk in consultation with the county prosecuting attorney, the physical resi-
 18    dence  address  of  the  voter. For the purposes of this subsection good cause
 19    shall include the protection of life and property and protection of victims of
 20    domestic violence and similar crimes.
 21        (26) Records  revealing  any  residential  address,  telephone  number  or
 22    descriptions, plans or blueprints of any residence of any  active  or  retired
 23    supreme court justice, judge of the court of appeals, district judge or magis-
 24    trate  judge,  including,  but  not  limited  to, any such records kept by any
 25    assessor or county recorder, provided however that this  subsection  does  not
 26    prohibit  access to records held by a county recorder by licensed title insur-
 27    ers, title insurance agents or escrow agents and does not prohibit  access  to
 28    any instrument by parties to the instrument or their attorneys.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                          RS 15979

  This bill would help to protect judges by making their
  personal information less accessible.  Several recent
  incidents have highlighted the need to address this concern,
  including the killings of the husband and mother of federal
  Judge Joan Lefkow in her Illinois home, apparently by a
  disgruntled litigant.  The bill would exempt judges'
  addresses, telephone numbers and other information
  concerning their residences from public disclosure.  It
  would continue to permit access to county recorders' records
  by those having a professional need to view such documents,
  including title insurers and escrow agents, and would also
  allow persons who are parties to instruments to have access
  to those instruments.


                        FISCAL NOTE

  This bill would have no impact on the general fund.
  
  
  
  
  
  
  Contact
  Name: Patricia Tobias, Administrative Director of the Courts
  Phone:(208) 334-2246
    
  
  STATEMENT OF PURPOSE/FISCAL NOTE                      H 715