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H0570aa....................................................by STATE AFFAIRS PUBLIC RECORDS - Amends existing law relating to public records to define "applicant"; to provide that names of applicants to classified or merit system positions shall not be disclosed without written consent; to provide that the names of the five final applicants to all other positions may be released; and to provide for release of names if there are less than five applicants. 02/07 House intro - 1st rdg - to printing 98/08 Rpt prt - to St Aff 02/16 Rpt out - rec d/p - to 2nd rdg 02/17 2nd rdg - to 3rd rdg 02/22 Ret'd to St Aff 03/15 Rpt out - to Gen Ord Rpt out amen - to engros 03/16 Rpt engros - 1st rdg - to 2nd rdg as amen 03/17 2nd rdg - to 3rd rdg as amen 03/22 3rd rdg as amen - PASSED - 63-0-7 AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Anderson, Crow, Eskridge, Hart, McGeachin, McKague, Mr. Speaker Floor Sponsor - Bolz Title apvd - to Senate 03/23 Senate intro - 1st rdg - to St Aff 03/30 Rpt out - rec d/p - to 2nd rdg 03/31 2nd rdg - to 3rd rdg Rls susp - PASSED - 30-0-5 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Corder, Darrington, Fulcher, Gannon, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Compton, Davis, Geddes, Marley, Sweet Floor Sponsor - Malepeai Title apvd - to House 04/03 To enrol 04/04 Rpt enrol - Sp signed - Pres signed - To Governor 04/07 Governor signed Session Law Chapter 352 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 570 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-337, IDAHO CODE, TO DEFINE 3 "APPLICANT" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 9-340B, 4 IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 9-340C, 5 IDAHO CODE, TO PROVIDE THAT AN APPLICANT'S NAME SHALL BE DISCLOSED TO THE 6 PUBLIC ONLY UNDER CERTAIN CONDITIONS; AND AMENDING SECTION 67-5241, IDAHO 7 CODE, TO PROVIDE A CORRECT CODE REFERENCE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 9-337, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 9-337. DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code: 12 (1) "Applicant" means any person formally seeking a paid or volunteer 13 position with a public agency. "Applicant" does not include any person seeking 14 appointment to a position normally filled by election. 15 (2) "Copy" means transcribing by handwriting, photocopying, duplicating 16 machine and reproducing by any other means so long as the public record is not 17 altered or damaged. 18 (23) "Custodian" means the person having personal custody and control of 19 the public records in question. If no such designation is made by the public 20 agency or independent public body corporate and politic, then custodian means 21 any public official having custody of, control of, or authorized access to 22 public records and includes all delegates of such officials, employees or rep- 23 resentatives. 24 (34) "Independent public body corporate and politic" means the Idaho 25 housing and finance association as created in chapter 62, title 67, Idaho 26 Code. 27 (45) "Inspect" means the right to listen, view and make notes of public 28 records as long as the public record is not altered or damaged. 29 (56) "Investigatory record" means information with respect to an identi- 30 fiable person, group of persons or entities compiled by a public agency or 31 independent public body corporate and politic pursuant to its statutory 32 authority in the course of investigating a specific act, omission, failure to 33 act, or other conduct over which the public agency or independent public body 34 corporate and politic has regulatory authority or law enforcement authority. 35 (67) "Law enforcement agency" means any state or local agency given law 36 enforcement powers or which has authority to investigate, enforce, prosecute 37 or punish violations of state or federal criminal statutes, ordinances or reg- 38 ulations. 39 (78) "Local agency" means a county, city, school district, municipal cor- 40 poration, district, public health district, political subdivision, or any 41 agency thereof, or any committee of a local agency, or any combination 42 thereof. 43 (89) "Person" means any natural person, corporation, partnership, firm, 2 1 association, joint venture, state or local agency or any other recognized 2 legal entity. 3 (910) "Prisoner" means a person who has been convicted of a crime and is 4 either incarcerated or on parole for that crime or who is being held in cus- 5 tody for trial or sentencing. 6 (911) "Public agency" means any state or local agency as defined in this 7 section. 8 (102) "Public official" means any state, county, local district, indepen- 9 dent public body corporate and politic or governmental official or employee, 10 whether elected, appointed or hired. 11 (113) "Public record" includes, but is not limited to, any writing con- 12 taining information relating to the conduct or administration of the public's 13 business prepared, owned, used or retained by any state agency, independent 14 public body corporate and politic or local agency regardless of physical form 15 or characteristics. 16 (124) "State agency" means every state officer, department, division, 17 bureau, commission and board or any committee of a state agency including 18 those in the legislative or judicial branch, except the state militia. 19 (135) "Writing" includes, but is not limited to, handwriting, typewriting, 20 printing, photostating, photographing and every means of recording, including 21 letters, words, pictures, sounds or symbols or combination thereof, and all 22 papers, maps, magnetic or paper tapes, photographic films and prints, magnetic 23 or punched cards, discs, drums or other documents. 24 SECTION 2. That Section 9-340B, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 27 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WOR- 28 KER'S COMPENSATION. The following records are exempt from disclosure: 29 (1) Investigatory records of a law enforcement agency, as defined in sec- 30 tion 9-337(67), Idaho Code, under the conditions set forth in section 9-335, 31 Idaho Code. 32 (2) Juvenile records of a person maintained pursuant to chapter 5, title 33 20, Idaho Code, except that facts contained in such records shall be furnished 34 upon request in a manner determined by the court to persons and governmental 35 and private agencies and institutions conducting pertinent research studies or 36 having a legitimate interest in the protection, welfare and treatment of the 37 juvenile who is thirteen (13) years of age or younger. If the juvenile is 38 petitioned or charged with an offense which would be a criminal offense if 39 committed by an adult, the name, offense of which the juvenile was petitioned 40 or charged and disposition of the court shall be subject to disclosure as pro- 41 vided in section 20-525, Idaho Code. Additionally, facts contained in any 42 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 43 be furnished upon request to any school district where the juvenile is 44 enrolled or is seeking enrollment. 45 (3) Records of the custody review board of the Idaho department of juve- 46 nile corrections, including records containing the names, addresses and writ- 47 ten statements of victims and family members of juveniles, shall be exempt 48 from public disclosure pursuant to section 20-533A, Idaho Code. 49 (4) (a) The following records of the department of correction: 50 (i) Records of which the public interest in confidentiality, public 51 safety, security and habilitation clearly outweighs the public inter- 52 est in disclosure as identified pursuant to the authority of the 53 Idaho board of correction under section 20-212, Idaho Code; 3 1 (ii) Records that contain any identifying information, or any infor- 2 mation that would lead to the identification of any victims or wit- 3 nesses; 4 (iii) Records that reflect future transportation or movement of a 5 prisoner; 6 (iv) Records gathered during the course of the presentence investi- 7 gation; 8 (v) Records of a prisoner, as defined in section 9-337(910), Idaho 9 Code, or probationer shall not be disclosed to any other prisoner or 10 probationer. 11 (b) Records of buildings, facilities, infrastructures and systems held by 12 or in the custody of any public agency only when the disclosure of such 13 information would jeopardize the safety of persons or the public safety. 14 Such records may include emergency evacuation, escape or other emergency 15 response plans, vulnerability assessments, operation and security manuals, 16 plans, blueprints or security codes. For purposes of this section "system" 17 shall mean electrical, heating, ventilation, air conditioning and telecom- 18 munication systems. 19 (c) Records of the commission of pardons and parole shall be exempt from 20 public disclosure pursuant to section 20-213A, Idaho Code, and section 21 20-223, Idaho Code. Records exempt from disclosure shall also include 22 those containing the names, addresses and written statements of victims. 23 (5) Voting records of the sexual offender classification board. In accor- 24 dance with section 18-8315, Idaho Code, the written record of the vote to 25 classify an offender as a violent sexual predator by each board member in each 26 case reviewed by that board member shall be exempt from disclosure to the pub- 27 lic and shall be made available upon request only to the governor, the chair- 28 man of the senate judiciary and rules committee, and the chairman of the house 29 of representatives judiciary, rules and administration committee, for all law- 30 ful purposes. 31 (6) Records of the sheriff or Idaho state police received or maintained 32 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee. 33 (7) Records of investigations prepared by the department of health and 34 welfare pursuant to its statutory responsibilities dealing with the protection 35 of children, the rehabilitation of youth, adoptions and the commitment of men- 36 tally ill persons. 37 (8) Records including, but not limited to, investigative reports, result- 38 ing from investigations conducted into complaints of discrimination made to 39 the Idaho human rights commission unless the public interest in allowing 40 inspection and copying of such records outweighs the legitimate public or pri- 41 vate interest in maintaining confidentiality of such records. A person may 42 inspect and copy documents from an investigative file to which he or she is a 43 named party if such documents are not otherwise prohibited from disclosure by 44 federal law or regulation or state law. The confidentiality of this subsection 45 will no longer apply to any record used in any judicial proceeding brought by 46 a named party to the complaint or investigation, or by the Idaho human rights 47 commission, relating to the complaint of discrimination. 48 (9) Records containing information obtained by the manager of the Idaho 49 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 50 behalf of employers or employees contained in underwriting and claims for ben- 51 efits files. 52 (10) The worker's compensation records of the Idaho industrial commission 53 provided that the industrial commission shall make such records available: 54 (a) To the parties in any worker's compensation claim and to the indus- 55 trial special indemnity fund of the state of Idaho; or 4 1 (b) To employers and prospective employers subject to the provisions of 2 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 3 limitations, who certify that the information is being requested with 4 respect to a worker to whom the employer has extended an offer of employ- 5 ment and will be used in accordance with the provisions of the Americans 6 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 7 (c) To employers and prospective employers not subject to the provisions 8 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 9 tory limitations, provided the employer presents a written authorization 10 from the person to whom the records pertain; or 11 (d) To others who demonstrate that the public interest in allowing 12 inspection and copying of such records outweighs the public or private 13 interest in maintaining the confidentiality of such records, as determined 14 by a civil court of competent jurisdiction; or 15 (e) Although a claimant's records maintained by the industrial commis- 16 sion, including medical and rehabilitation records, are otherwise exempt 17 from public disclosure, the quoting or discussing of medical or rehabili- 18 tation records contained in the industrial commission's records during a 19 hearing for compensation or in a written decision issued by the industrial 20 commission shall be permitted; provided further, the true identification 21 of the parties shall not be exempt from public disclosure in any written 22 decision issued and released to the public by the industrial commission. 23 (11) Records of investigations compiled by the commission on aging involv- 24 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 25 be abused, neglected or exploited. 26 (12) Criminal history records and fingerprints, as defined by section 27 67-3001, Idaho Code, and compiled by the Idaho state police. Such records 28 shall be released only in accordance with chapter 30, title 67, Idaho Code. 29 (13) Records furnished or obtained pursuant to section 41-1019, Idaho 30 Code, regarding termination of an appointment, employment, contract or other 31 insurance business relationship between an insurer and a producer. 32 (14) Records of a prisoner or former prisoner in the custody of any state 33 or local correctional facility, when the request is made by another prisoner 34 in the custody of any state or local correctional facility. 35 (15) Except as provided in section 72-1007, Idaho Code, records of the 36 Idaho industrial commission relating to compensation for crime victims under 37 chapter 10, title 72, Idaho Code. 38 SECTION 3. That Section 9-340C, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 41 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 42 are exempt from disclosure: 43 (1) Except as provided in this subsection, all personnel records of a 44 current or former public official other than the public official's public ser- 45 vice or employment history, classification, pay grade and step, longevity, 46 gross salary and salary history, status, workplace and employing agency. All 47 other personnel information relating to a public employee or applicant includ- 48 ing, but not limited to, information regarding sex, race, marital status, 49 birth date, home address and telephone number, applications, testing and 50 scoring materials, grievances, correspondence and performance evaluations, 51 shall not be disclosed to the public without the employee's or applicant's 52 written consent. An applicant's name shall not be disclosed to the public 53 without the applicant's written consent unless such disclosure is part of an 5 1 established hiring process. A public official or authorized representative may 2 inspect and copy his personnel records, except for material used to screen and 3 test for employment. 4 (2) Retired employees' and retired public officials' home addresses, home 5 telephone numbers and other financial and nonfinancial membership records; 6 active and inactive member financial and membership records and mortgage port- 7 folio loan documents maintained by the public employee retirement system. 8 Financial statements prepared by retirement system staff, funding agents and 9 custodians concerning the investment of assets of the public employee retire- 10 ment system of Idaho are not considered confidential under this chapter. 11 (3) Information and records submitted to the Idaho state lottery for the 12 performance of background investigations of employees, lottery retailers and 13 major procurement contractors; audit records of lottery retailers, vendors and 14 major procurement contractors submitted to or performed by the Idaho state 15 lottery; validation and security tests of the state lottery for lottery games; 16 business records and information submitted pursuant to sections 67-7412(8) and 17 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 18 obtained and held for the purposes of lottery security and investigative 19 action as determined by lottery rules unless the public interest in disclosure 20 substantially outweighs the private need for protection from public disclo- 21 sure. 22 (4) Records of a personal nature as follows: 23 (a) Records of personal debt filed with a public agency or independent 24 public body corporate and politic pursuant to law; 25 (b) Personal bank records compiled by a public depositor for the purpose 26 of public funds transactions conducted pursuant to law; 27 (c) Records of ownership of financial obligations and instruments of a 28 public agency or independent public body corporate and politic, such as 29 bonds, compiled by the public agency or independent public body corporate 30 and politic pursuant to law; 31 (d) Records, with regard to the ownership of, or security interests in, 32 registered public obligations; 33 (e) Vital statistics records; and 34 (f) Military records as described in and pursuant to section 65-301, 35 Idaho Code. 36 (5) Information in an income or other tax return measured by items of 37 income or sales, which is gathered by a public agency for the purpose of 38 administering the tax, except such information to the extent disclosed in a 39 written decision of the tax commission pursuant to a taxpayer protest of a 40 deficiency determination by the tax commission, under the provisions of sec- 41 tion 63-3045B, Idaho Code. 42 (6) Records of a personal nature related directly or indirectly to the 43 application for and provision of statutory services rendered to persons apply- 44 ing for public care for the elderly, indigent, or mentally or physically hand- 45 icapped, or participation in an environmental or a public health study, pro- 46 vided the provisions of this subsection making records exempt from disclosure 47 shall not apply to the extent that such records or information contained in 48 those records are necessary for a background check on an individual that is 49 required by federal law regulating the sale of firearms, guns or ammunition. 50 (7) Employment security information and unemployment insurance benefit 51 information, except that all interested parties may agree to waive the exemp- 52 tion. 53 (8) Any personal records, other than names, business addresses and busi- 54 ness phone numbers, such as parentage, race, religion, sex, height, weight, 55 tax identification and social security numbers, financial worth or medical 6 1 condition submitted to any public agency or independent public body corporate 2 and politic pursuant to a statutory requirement for licensing, certification, 3 permit or bonding. 4 (9) Unless otherwise provided by agency rule, information obtained as 5 part of an inquiry into a person's fitness to be granted or retain a license, 6 certificate, permit, privilege, commission or position, private association 7 peer review committee records authorized in title 54, Idaho Code. Any agency 8 which has records exempt from disclosure under the provisions of this subsec- 9 tion shall annually make available a statistical summary of the number and 10 types of matters considered and their disposition. 11 (10) The records, findings, determinations and decisions of any prelitiga- 12 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 13 (11) Complaints received by the board of medicine and investigations and 14 informal proceedings, including informal proceedings of any committee of the 15 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules 16 adopted thereunder. 17 (12) Records of the department of health and welfare or a public health 18 district that identify a person infected with a reportable disease. 19 (13) Records of hospital care, medical records, including prescriptions, 20 drug orders, records or any other prescription information that specifically 21 identifies an individual patient, prescription records maintained by the board 22 of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or 23 treatment and professional counseling records relating to an individual's con- 24 dition, diagnosis, care or treatment, provided the provisions of this subsec- 25 tion making records exempt from disclosure shall not apply to the extent that 26 such records or information contained in those records are necessary for a 27 background check on an individual that is required by federal law regulating 28 the sale of firearms, guns or ammunition. 29 (14) Information collected pursuant to the directory of new hires act, 30 chapter 16, title 72, Idaho Code. 31 (15) Personal information contained in motor vehicle and driver records 32 that is exempt from disclosure under the provisions of chapter 2, title 49, 33 Idaho Code. 34 (16) Records of the financial status of prisoners pursuant to subsection 35 (2) of section 20-607, Idaho Code. 36 (17) Records of the Idaho state police or department of correction 37 received or maintained pursuant to section 19-5514, Idaho Code, relating to 38 DNA databases and databanks. 39 (18) Records of the department of health and welfare relating to a survey, 40 resurvey or complaint investigation of a licensed nursing facility shall be 41 exempt from disclosure. Such records shall, however, be subject to disclosure 42 as public records as soon as the facility in question has received the report, 43 and no later than the fourteenth day following the date that department of 44 health and welfare representatives officially exit the facility pursuant to 45 federal regulations. Provided however, that for purposes of confidentiality, 46 no record shall be released under this section which specifically identifies 47 any nursing facility resident. 48 (19) Records and information contained in the registry of immunizations 49 against childhood diseases maintained in the department of health and welfare, 50 including information disseminated to others from the registry by the depart- 51 ment of health and welfare. 52 (20) Records of the Idaho housing and finance association (IHFA) relating 53 to the following: 54 (a) Records containing personal financial, family, health or similar per- 55 sonal information submitted to or otherwise obtained by the IHFA; 7 1 (b) Records submitted to or otherwise obtained by the IHFA with regard to 2 obtaining and servicing mortgage loans and all records relating to the 3 review, approval or rejection by the IHFA of said loans; 4 (c) Mortgage portfolio loan documents; 5 (d) Records of a current or former employee other than the employee's 6 duration of employment with the association, position held and location of 7 employment. This exemption from disclosure does not include the contracts 8 of employment or any remuneration, including reimbursement of expenses, of 9 the executive director, executive officers or commissioners of the associ- 10 ation. All other personnel information relating to an association employee 11 or applicant including, but not limited to, information regarding sex, 12 race, marital status, birth date, home address and telephone number, 13 applications, testing and scoring materials, grievances, correspondence, 14 retirement plan information and performance evaluations, shall not be dis- 15 closed to the public without the employee's or applicant's written con- 16 sent. An employee or authorized representative may inspect and copy that 17 employee's personnel records, except for material used to screen and test 18 for employment or material not subject to disclosure elsewhere in the 19 Idaho public records act. 20 (21) Records of the department of health and welfare related to child sup- 21 port services in cases in which there is reasonable evidence of domestic vio- 22 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to 23 locate any individuals in the child support case except in response to a court 24 order. 25 (22) Records of the Idaho state bar lawyer's assistance program pursuant 26 to chapter 49, title 54, Idaho Code, unless a participant in the program 27 authorizes the release pursuant to subsection (4) of section 54-4901, Idaho 28 Code. 29 (23) Records and information contained in the trauma registry created by 30 chapter 20, title 57, Idaho Code, together with any reports, analyses and com- 31 pilations created from such information and records. 32 (24) Records contained in the court files, or other records prepared as 33 part of proceedings for judicial authorization of sterilization procedures 34 pursuant to chapter 39, title 39, Idaho Code. 35 (25) The physical voter registration card on file in the county clerk's 36 office; however, a redacted copy of said card shall be made available consis- 37 tent with the requirements of this section. Information from the voter regis- 38 tration card maintained in the statewide voter registration database, includ- 39 ing age, will be made available except for the voter's driver's license num- 40 ber, date of birth and, upon showing of good cause by the voter to the county 41 clerk in consultation with the county prosecuting attorney, the physical resi- 42 dence address of the voter. For the purposes of this subsection good cause 43 shall include the protection of life and property and protection of victims of 44 domestic violence and similar crimes. 45 SECTION 4. That Section 67-5241, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 67-5241. INFORMAL DISPOSITION. (1) Unless prohibited by other provisions 48 of law: 49 (a) an agency or a presiding officer may decline to initiate a contested 50 case; 51 (b) any part of the evidence in a contested case may be received in writ- 52 ten form if doing so will expedite the case without substantially 53 prejudicing the interests of any party; 8 1 (c) informal disposition may be made of any contested case by negotia- 2 tion, stipulation, agreed settlement, or consent order. Informal settle- 3 ment of matters is to be encouraged; 4 (d) the parties may stipulate as to the facts, reserving the right to 5 appeal to a court of competent jurisdiction on issues of law. 6 (2) An agency or a presiding officer may request such additional informa- 7 tion as required to decide whether to initiate or to decide a contested case 8 as provided in subsection (1) of this section. 9 (3) If an agency or a presiding officer declines to initiate or decide a 10 contested case under the provisions of this section, the agency or the officer 11 shall furnish a brief statement of the reasons for the decision to all persons 12 involved. This subsection does not apply to investigations or inquiries 13 directed to or performed by law enforcement agencies defined in section 14 9-337(67), Idaho Code. 15 (4) The agency may not abdicate its responsibility for any informal dis- 16 position of a contested case. Disposition of a contested case as provided in 17 this section is a final agency action.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Stevenson Seconded by Smylie IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 570 1 AMENDMENTS TO SECTION 3 2 On page 4 of the printed bill, delete lines 52 and 53, and on page 5, 3 delete line 1 and insert: "written consent. Names of applicants to classified 4 or merit system positions shall not be disclosed to the public without the 5 applicant's written consent. Disclosure of names as part of a background check 6 is permitted. Names of the five (5) final applicants to all other positions 7 shall be available to the public. If such group is less than five (5) 8 finalists, then the entire list of applicants shall be available to the pub- 9 lic. A public official or authorized representative may". 10 CORRECTION TO TITLE 11 On page 1, in line 5, delete "AN APPLICANT'S NAME SHALL BE DISCLOSED TO 12 THE" and delete line 6 and insert: "NAMES OF APPLICANTS TO CLASSIFIED OR MERIT 13 SYSTEM POSITIONS SHALL NOT BE DISCLOSED WITHOUT WRITTEN CONSENT OF THE APPLI- 14 CANT, TO PROVIDE THAT THE NAMES OF THE FIVE FINAL APPLICANTS TO ALL OTHER 15 POSITIONS SHALL BE AVAILABLE TO THE PUBLIC AND TO PROVIDE FOR RELEASE TO THE 16 PUBLIC IF THERE ARE LESS THAN FIVE APPLICANTS; AND AMENDING SECTION 67-5241, 17 IDAHO".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 570, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-337, IDAHO CODE, TO DEFINE 3 "APPLICANT" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 9-340B, 4 IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 9-340C, 5 IDAHO CODE, TO PROVIDE THAT NAMES OF APPLICANTS TO CLASSIFIED OR MERIT 6 SYSTEM POSITIONS SHALL NOT BE DISCLOSED WITHOUT WRITTEN CONSENT OF THE 7 APPLICANT, TO PROVIDE THAT THE NAMES OF THE FIVE FINAL APPLICANTS TO ALL 8 OTHER POSITIONS SHALL BE AVAILABLE TO THE PUBLIC AND TO PROVIDE FOR 9 RELEASE TO THE PUBLIC IF THERE ARE LESS THAN FIVE APPLICANTS; AND AMEND- 10 ING SECTION 67-5241, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 9-337, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 9-337. DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code: 15 (1) "Applicant" means any person formally seeking a paid or volunteer 16 position with a public agency. "Applicant" does not include any person seeking 17 appointment to a position normally filled by election. 18 (2) "Copy" means transcribing by handwriting, photocopying, duplicating 19 machine and reproducing by any other means so long as the public record is not 20 altered or damaged. 21 (23) "Custodian" means the person having personal custody and control of 22 the public records in question. If no such designation is made by the public 23 agency or independent public body corporate and politic, then custodian means 24 any public official having custody of, control of, or authorized access to 25 public records and includes all delegates of such officials, employees or rep- 26 resentatives. 27 (34) "Independent public body corporate and politic" means the Idaho 28 housing and finance association as created in chapter 62, title 67, Idaho 29 Code. 30 (45) "Inspect" means the right to listen, view and make notes of public 31 records as long as the public record is not altered or damaged. 32 (56) "Investigatory record" means information with respect to an identi- 33 fiable person, group of persons or entities compiled by a public agency or 34 independent public body corporate and politic pursuant to its statutory 35 authority in the course of investigating a specific act, omission, failure to 36 act, or other conduct over which the public agency or independent public body 37 corporate and politic has regulatory authority or law enforcement authority. 38 (67) "Law enforcement agency" means any state or local agency given law 39 enforcement powers or which has authority to investigate, enforce, prosecute 40 or punish violations of state or federal criminal statutes, ordinances or reg- 41 ulations. 42 (78) "Local agency" means a county, city, school district, municipal cor- 43 poration, district, public health district, political subdivision, or any 2 1 agency thereof, or any committee of a local agency, or any combination 2 thereof. 3 (89) "Person" means any natural person, corporation, partnership, firm, 4 association, joint venture, state or local agency or any other recognized 5 legal entity. 6 (910) "Prisoner" means a person who has been convicted of a crime and is 7 either incarcerated or on parole for that crime or who is being held in cus- 8 tody for trial or sentencing. 9 (911) "Public agency" means any state or local agency as defined in this 10 section. 11 (102) "Public official" means any state, county, local district, indepen- 12 dent public body corporate and politic or governmental official or employee, 13 whether elected, appointed or hired. 14 (113) "Public record" includes, but is not limited to, any writing con- 15 taining information relating to the conduct or administration of the public's 16 business prepared, owned, used or retained by any state agency, independent 17 public body corporate and politic or local agency regardless of physical form 18 or characteristics. 19 (124) "State agency" means every state officer, department, division, 20 bureau, commission and board or any committee of a state agency including 21 those in the legislative or judicial branch, except the state militia. 22 (135) "Writing" includes, but is not limited to, handwriting, typewriting, 23 printing, photostating, photographing and every means of recording, including 24 letters, words, pictures, sounds or symbols or combination thereof, and all 25 papers, maps, magnetic or paper tapes, photographic films and prints, magnetic 26 or punched cards, discs, drums or other documents. 27 SECTION 2. That Section 9-340B, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 30 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WOR- 31 KER'S COMPENSATION. The following records are exempt from disclosure: 32 (1) Investigatory records of a law enforcement agency, as defined in sec- 33 tion 9-337(67), Idaho Code, under the conditions set forth in section 9-335, 34 Idaho Code. 35 (2) Juvenile records of a person maintained pursuant to chapter 5, title 36 20, Idaho Code, except that facts contained in such records shall be furnished 37 upon request in a manner determined by the court to persons and governmental 38 and private agencies and institutions conducting pertinent research studies or 39 having a legitimate interest in the protection, welfare and treatment of the 40 juvenile who is thirteen (13) years of age or younger. If the juvenile is 41 petitioned or charged with an offense which would be a criminal offense if 42 committed by an adult, the name, offense of which the juvenile was petitioned 43 or charged and disposition of the court shall be subject to disclosure as pro- 44 vided in section 20-525, Idaho Code. Additionally, facts contained in any 45 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 46 be furnished upon request to any school district where the juvenile is 47 enrolled or is seeking enrollment. 48 (3) Records of the custody review board of the Idaho department of juve- 49 nile corrections, including records containing the names, addresses and writ- 50 ten statements of victims and family members of juveniles, shall be exempt 51 from public disclosure pursuant to section 20-533A, Idaho Code. 52 (4) (a) The following records of the department of correction: 53 (i) Records of which the public interest in confidentiality, public 3 1 safety, security and habilitation clearly outweighs the public inter- 2 est in disclosure as identified pursuant to the authority of the 3 Idaho board of correction under section 20-212, Idaho Code; 4 (ii) Records that contain any identifying information, or any infor- 5 mation that would lead to the identification of any victims or wit- 6 nesses; 7 (iii) Records that reflect future transportation or movement of a 8 prisoner; 9 (iv) Records gathered during the course of the presentence investi- 10 gation; 11 (v) Records of a prisoner, as defined in section 9-337(910), Idaho 12 Code, or probationer shall not be disclosed to any other prisoner or 13 probationer. 14 (b) Records of buildings, facilities, infrastructures and systems held by 15 or in the custody of any public agency only when the disclosure of such 16 information would jeopardize the safety of persons or the public safety. 17 Such records may include emergency evacuation, escape or other emergency 18 response plans, vulnerability assessments, operation and security manuals, 19 plans, blueprints or security codes. For purposes of this section "system" 20 shall mean electrical, heating, ventilation, air conditioning and telecom- 21 munication systems. 22 (c) Records of the commission of pardons and parole shall be exempt from 23 public disclosure pursuant to section 20-213A, Idaho Code, and section 24 20-223, Idaho Code. Records exempt from disclosure shall also include 25 those containing the names, addresses and written statements of victims. 26 (5) Voting records of the sexual offender classification board. In accor- 27 dance with section 18-8315, Idaho Code, the written record of the vote to 28 classify an offender as a violent sexual predator by each board member in each 29 case reviewed by that board member shall be exempt from disclosure to the pub- 30 lic and shall be made available upon request only to the governor, the chair- 31 man of the senate judiciary and rules committee, and the chairman of the house 32 of representatives judiciary, rules and administration committee, for all law- 33 ful purposes. 34 (6) Records of the sheriff or Idaho state police received or maintained 35 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee. 36 (7) Records of investigations prepared by the department of health and 37 welfare pursuant to its statutory responsibilities dealing with the protection 38 of children, the rehabilitation of youth, adoptions and the commitment of men- 39 tally ill persons. 40 (8) Records including, but not limited to, investigative reports, result- 41 ing from investigations conducted into complaints of discrimination made to 42 the Idaho human rights commission unless the public interest in allowing 43 inspection and copying of such records outweighs the legitimate public or pri- 44 vate interest in maintaining confidentiality of such records. A person may 45 inspect and copy documents from an investigative file to which he or she is a 46 named party if such documents are not otherwise prohibited from disclosure by 47 federal law or regulation or state law. The confidentiality of this subsection 48 will no longer apply to any record used in any judicial proceeding brought by 49 a named party to the complaint or investigation, or by the Idaho human rights 50 commission, relating to the complaint of discrimination. 51 (9) Records containing information obtained by the manager of the Idaho 52 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 53 behalf of employers or employees contained in underwriting and claims for ben- 54 efits files. 55 (10) The worker's compensation records of the Idaho industrial commission 4 1 provided that the industrial commission shall make such records available: 2 (a) To the parties in any worker's compensation claim and to the indus- 3 trial special indemnity fund of the state of Idaho; or 4 (b) To employers and prospective employers subject to the provisions of 5 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 6 limitations, who certify that the information is being requested with 7 respect to a worker to whom the employer has extended an offer of employ- 8 ment and will be used in accordance with the provisions of the Americans 9 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 10 (c) To employers and prospective employers not subject to the provisions 11 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 12 tory limitations, provided the employer presents a written authorization 13 from the person to whom the records pertain; or 14 (d) To others who demonstrate that the public interest in allowing 15 inspection and copying of such records outweighs the public or private 16 interest in maintaining the confidentiality of such records, as determined 17 by a civil court of competent jurisdiction; or 18 (e) Although a claimant's records maintained by the industrial commis- 19 sion, including medical and rehabilitation records, are otherwise exempt 20 from public disclosure, the quoting or discussing of medical or rehabili- 21 tation records contained in the industrial commission's records during a 22 hearing for compensation or in a written decision issued by the industrial 23 commission shall be permitted; provided further, the true identification 24 of the parties shall not be exempt from public disclosure in any written 25 decision issued and released to the public by the industrial commission. 26 (11) Records of investigations compiled by the commission on aging involv- 27 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 28 be abused, neglected or exploited. 29 (12) Criminal history records and fingerprints, as defined by section 30 67-3001, Idaho Code, and compiled by the Idaho state police. Such records 31 shall be released only in accordance with chapter 30, title 67, Idaho Code. 32 (13) Records furnished or obtained pursuant to section 41-1019, Idaho 33 Code, regarding termination of an appointment, employment, contract or other 34 insurance business relationship between an insurer and a producer. 35 (14) Records of a prisoner or former prisoner in the custody of any state 36 or local correctional facility, when the request is made by another prisoner 37 in the custody of any state or local correctional facility. 38 (15) Except as provided in section 72-1007, Idaho Code, records of the 39 Idaho industrial commission relating to compensation for crime victims under 40 chapter 10, title 72, Idaho Code. 41 SECTION 3. That Section 9-340C, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 44 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 45 are exempt from disclosure: 46 (1) Except as provided in this subsection, all personnel records of a 47 current or former public official other than the public official's public ser- 48 vice or employment history, classification, pay grade and step, longevity, 49 gross salary and salary history, status, workplace and employing agency. All 50 other personnel information relating to a public employee or applicant includ- 51 ing, but not limited to, information regarding sex, race, marital status, 52 birth date, home address and telephone number, applications, testing and 53 scoring materials, grievances, correspondence and performance evaluations, 5 1 shall not be disclosed to the public without the employee's or applicant's 2 written consent. Names of applicants to classified or merit system positions 3 shall not be disclosed to the public without the applicant's written consent. 4 Disclosure of names as part of a background check is permitted. Names of the 5 five (5) final applicants to all other positions shall be available to the 6 public. If such group is less than five (5) finalists, then the entire list of 7 applicants shall be available to the public. A public official or authorized 8 representative may inspect and copy his personnel records, except for material 9 used to screen and test for employment. 10 (2) Retired employees' and retired public officials' home addresses, home 11 telephone numbers and other financial and nonfinancial membership records; 12 active and inactive member financial and membership records and mortgage port- 13 folio loan documents maintained by the public employee retirement system. 14 Financial statements prepared by retirement system staff, funding agents and 15 custodians concerning the investment of assets of the public employee retire- 16 ment system of Idaho are not considered confidential under this chapter. 17 (3) Information and records submitted to the Idaho state lottery for the 18 performance of background investigations of employees, lottery retailers and 19 major procurement contractors; audit records of lottery retailers, vendors and 20 major procurement contractors submitted to or performed by the Idaho state 21 lottery; validation and security tests of the state lottery for lottery games; 22 business records and information submitted pursuant to sections 67-7412(8) and 23 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 24 obtained and held for the purposes of lottery security and investigative 25 action as determined by lottery rules unless the public interest in disclosure 26 substantially outweighs the private need for protection from public disclo- 27 sure. 28 (4) Records of a personal nature as follows: 29 (a) Records of personal debt filed with a public agency or independent 30 public body corporate and politic pursuant to law; 31 (b) Personal bank records compiled by a public depositor for the purpose 32 of public funds transactions conducted pursuant to law; 33 (c) Records of ownership of financial obligations and instruments of a 34 public agency or independent public body corporate and politic, such as 35 bonds, compiled by the public agency or independent public body corporate 36 and politic pursuant to law; 37 (d) Records, with regard to the ownership of, or security interests in, 38 registered public obligations; 39 (e) Vital statistics records; and 40 (f) Military records as described in and pursuant to section 65-301, 41 Idaho Code. 42 (5) Information in an income or other tax return measured by items of 43 income or sales, which is gathered by a public agency for the purpose of 44 administering the tax, except such information to the extent disclosed in a 45 written decision of the tax commission pursuant to a taxpayer protest of a 46 deficiency determination by the tax commission, under the provisions of sec- 47 tion 63-3045B, Idaho Code. 48 (6) Records of a personal nature related directly or indirectly to the 49 application for and provision of statutory services rendered to persons apply- 50 ing for public care for the elderly, indigent, or mentally or physically hand- 51 icapped, or participation in an environmental or a public health study, pro- 52 vided the provisions of this subsection making records exempt from disclosure 53 shall not apply to the extent that such records or information contained in 54 those records are necessary for a background check on an individual that is 55 required by federal law regulating the sale of firearms, guns or ammunition. 6 1 (7) Employment security information and unemployment insurance benefit 2 information, except that all interested parties may agree to waive the exemp- 3 tion. 4 (8) Any personal records, other than names, business addresses and busi- 5 ness phone numbers, such as parentage, race, religion, sex, height, weight, 6 tax identification and social security numbers, financial worth or medical 7 condition submitted to any public agency or independent public body corporate 8 and politic pursuant to a statutory requirement for licensing, certification, 9 permit or bonding. 10 (9) Unless otherwise provided by agency rule, information obtained as 11 part of an inquiry into a person's fitness to be granted or retain a license, 12 certificate, permit, privilege, commission or position, private association 13 peer review committee records authorized in title 54, Idaho Code. Any agency 14 which has records exempt from disclosure under the provisions of this subsec- 15 tion shall annually make available a statistical summary of the number and 16 types of matters considered and their disposition. 17 (10) The records, findings, determinations and decisions of any prelitiga- 18 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 19 (11) Complaints received by the board of medicine and investigations and 20 informal proceedings, including informal proceedings of any committee of the 21 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules 22 adopted thereunder. 23 (12) Records of the department of health and welfare or a public health 24 district that identify a person infected with a reportable disease. 25 (13) Records of hospital care, medical records, including prescriptions, 26 drug orders, records or any other prescription information that specifically 27 identifies an individual patient, prescription records maintained by the board 28 of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or 29 treatment and professional counseling records relating to an individual's con- 30 dition, diagnosis, care or treatment, provided the provisions of this subsec- 31 tion making records exempt from disclosure shall not apply to the extent that 32 such records or information contained in those records are necessary for a 33 background check on an individual that is required by federal law regulating 34 the sale of firearms, guns or ammunition. 35 (14) Information collected pursuant to the directory of new hires act, 36 chapter 16, title 72, Idaho Code. 37 (15) Personal information contained in motor vehicle and driver records 38 that is exempt from disclosure under the provisions of chapter 2, title 49, 39 Idaho Code. 40 (16) Records of the financial status of prisoners pursuant to subsection 41 (2) of section 20-607, Idaho Code. 42 (17) Records of the Idaho state police or department of correction 43 received or maintained pursuant to section 19-5514, Idaho Code, relating to 44 DNA databases and databanks. 45 (18) Records of the department of health and welfare relating to a survey, 46 resurvey or complaint investigation of a licensed nursing facility shall be 47 exempt from disclosure. Such records shall, however, be subject to disclosure 48 as public records as soon as the facility in question has received the report, 49 and no later than the fourteenth day following the date that department of 50 health and welfare representatives officially exit the facility pursuant to 51 federal regulations. Provided however, that for purposes of confidentiality, 52 no record shall be released under this section which specifically identifies 53 any nursing facility resident. 54 (19) Records and information contained in the registry of immunizations 55 against childhood diseases maintained in the department of health and welfare, 7 1 including information disseminated to others from the registry by the depart- 2 ment of health and welfare. 3 (20) Records of the Idaho housing and finance association (IHFA) relating 4 to the following: 5 (a) Records containing personal financial, family, health or similar per- 6 sonal information submitted to or otherwise obtained by the IHFA; 7 (b) Records submitted to or otherwise obtained by the IHFA with regard to 8 obtaining and servicing mortgage loans and all records relating to the 9 review, approval or rejection by the IHFA of said loans; 10 (c) Mortgage portfolio loan documents; 11 (d) Records of a current or former employee other than the employee's 12 duration of employment with the association, position held and location of 13 employment. This exemption from disclosure does not include the contracts 14 of employment or any remuneration, including reimbursement of expenses, of 15 the executive director, executive officers or commissioners of the associ- 16 ation. All other personnel information relating to an association employee 17 or applicant including, but not limited to, information regarding sex, 18 race, marital status, birth date, home address and telephone number, 19 applications, testing and scoring materials, grievances, correspondence, 20 retirement plan information and performance evaluations, shall not be dis- 21 closed to the public without the employee's or applicant's written con- 22 sent. An employee or authorized representative may inspect and copy that 23 employee's personnel records, except for material used to screen and test 24 for employment or material not subject to disclosure elsewhere in the 25 Idaho public records act. 26 (21) Records of the department of health and welfare related to child sup- 27 port services in cases in which there is reasonable evidence of domestic vio- 28 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to 29 locate any individuals in the child support case except in response to a court 30 order. 31 (22) Records of the Idaho state bar lawyer's assistance program pursuant 32 to chapter 49, title 54, Idaho Code, unless a participant in the program 33 authorizes the release pursuant to subsection (4) of section 54-4901, Idaho 34 Code. 35 (23) Records and information contained in the trauma registry created by 36 chapter 20, title 57, Idaho Code, together with any reports, analyses and com- 37 pilations created from such information and records. 38 (24) Records contained in the court files, or other records prepared as 39 part of proceedings for judicial authorization of sterilization procedures 40 pursuant to chapter 39, title 39, Idaho Code. 41 (25) The physical voter registration card on file in the county clerk's 42 office; however, a redacted copy of said card shall be made available consis- 43 tent with the requirements of this section. Information from the voter regis- 44 tration card maintained in the statewide voter registration database, includ- 45 ing age, will be made available except for the voter's driver's license num- 46 ber, date of birth and, upon showing of good cause by the voter to the county 47 clerk in consultation with the county prosecuting attorney, the physical resi- 48 dence address of the voter. For the purposes of this subsection good cause 49 shall include the protection of life and property and protection of victims of 50 domestic violence and similar crimes. 51 SECTION 4. That Section 67-5241, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 67-5241. INFORMAL DISPOSITION. (1) Unless prohibited by other provisions 8 1 of law: 2 (a) an agency or a presiding officer may decline to initiate a contested 3 case; 4 (b) any part of the evidence in a contested case may be received in writ- 5 ten form if doing so will expedite the case without substantially 6 prejudicing the interests of any party; 7 (c) informal disposition may be made of any contested case by negotia- 8 tion, stipulation, agreed settlement, or consent order. Informal settle- 9 ment of matters is to be encouraged; 10 (d) the parties may stipulate as to the facts, reserving the right to 11 appeal to a court of competent jurisdiction on issues of law. 12 (2) An agency or a presiding officer may request such additional informa- 13 tion as required to decide whether to initiate or to decide a contested case 14 as provided in subsection (1) of this section. 15 (3) If an agency or a presiding officer declines to initiate or decide a 16 contested case under the provisions of this section, the agency or the officer 17 shall furnish a brief statement of the reasons for the decision to all persons 18 involved. This subsection does not apply to investigations or inquiries 19 directed to or performed by law enforcement agencies defined in section 20 9-337(67), Idaho Code. 21 (4) The agency may not abdicate its responsibility for any informal dis- 22 position of a contested case. Disposition of a contested case as provided in 23 this section is a final agency action.
STATEMENT OF PURPOSE RS 15754 Several court decisions have indicated that the Public Records Act does not currently prevent disclosure of names of applicants for public employment. This may mean that supervisors, co- workers, fellow applicants and other members of the public can find out the names of all applicants for any public job. Disclosure of names of applicants without their permission can cause unnecessary harm or embarrassment to an unsuccessful applicant. Disclosure may also negatively impact morale and productivity or may prevent qualified individuals from seeking employment or promotional opportunities in the public sector. This legislation will protect the names of applicants from disclosure to the public. Applicant names may be disclosed for background checks as well as part of an established hiring practice as is common for high profile positions, such as university presidents or football coaches. In such instances, the applicants should be made aware that disclosure is part of the hiring process. Names of individuals seeking interim appointments to elective office will remain available to the public. Restricting access to names of applicants will not deny the public necessary information. FISCAL NOTE This proposed legislation will have no fiscal impact. Contact Name: Representative Darrell Bolz Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 570