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H0575..............................................................by CLARK PRISONS - JAILS - Amends existing law to extend an exemption from the Public Records Act to operations manuals of correctional facilities and to include county jails within the exemption from release of certain records. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to St Aff
H0575|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 575 BY CLARK 1 AN ACT 2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-340, IDAHO 3 CODE, TO EXTEND AN EXEMPTION FROM THE PUBLIC RECORDS ACT TO OPERATIONS 4 MANUALS OF CORRECTIONAL FACILITIES, TO INCLUDE COUNTY JAILS WITHIN THE 5 EXEMPTION AND TO MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 9-340, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 9-340. RECORDS EXEMPT FROM DISCLOSURE. The following records are exempt 10 from disclosure: 11 (1) Exemption under state or federal law or court rule. 12 (a) Any public record exempt from disclosure by federal or state law or 13 federal regulations to the extent specifically provided for by such law or 14 regulation. 15 (b) Records contained in court files of judicial proceedings, the disclo- 16 sure of which is prohibited by or under rules adopted by the Idaho supreme 17 court, but only to the extent that confidentiality is provided under such 18 rules, and any drafts or other working memoranda related to judicial 19 decision-making, provided the provisions of this subsection making records 20 exempt from disclosure shall not apply to the extent that such records or 21 information contained in those records are necessary for a background 22 check on an individual that is required by federal law regulating the sale 23 of firearms, guns or ammunition. 24 (2) Law enforcement records, investigatory records of agencies, worker's 25 compensation. 26 (a) Investigatory records of a law enforcement agency, as defined in sec- 27 tion 9-337(5), Idaho Code, under the conditions set forth in section 28 9-335, Idaho Code. 29 (b) Juvenile records of a person maintained pursuant to chapter 5, title 30 20, Idaho Code, except that facts contained in such records shall be fur- 31 nished upon request in a manner determined by the court to persons and 32 governmental and private agencies and institutions conducting pertinent 33 research studies or having a legitimate interest in the protection, wel- 34 fare and treatment of the juvenile. If the juvenile is fourteen (14) years 35 or older and is adjudicated guilty of an offense which would be a felony 36 if committed by an adult, the name, offense of which the juvenile was 37 adjudicated and disposition of the court shall be subject to disclosure. 38 Additionally, facts contained in any records of a juvenile maintained 39 under chapter 5, title 20, Idaho Code, shall be furnished upon request to 40 any school district where the juvenile is enrolled or is seeking enroll- 41 ment. 42 (c) Records of the department of correction ,or43 the commission of pardons and parole , or the county jail to 2 1 the extent that disclosure thereof would interfere with the secure and 2 orderly conduct of their operations, or the rehabilitation of any person 3 in the custody of the department of correction , the county jail 4 or on parole, or would substantially prejudice or prevent the car- 5 rying out of the functions of the department of correction , 6orthe commission of pardons and parole , or the county 7 jail if the public interest in confidentiality clearly outweighs 8 the public interest in disclosure. Records exempt from disclosure shall 9 include, but not be limited to, those containing the names and addresses 10 of witnesses or victims ,orthose containing 11 information identifying victims or witnesses , or operations manuals 12 . 13 (d) Records of the sheriff or department of law enforcement received or 14 maintained pursuant to section 18-3302, Idaho Code, relating to an appli- 15 cant or licensee. 16 (e) Records of investigations prepared by the department of health and 17 welfare pursuant to its statutory responsibilities dealing with the pro- 18 tection of children, the rehabilitation of youth, adoptions and the com- 19 mitment of mentally ill persons. 20 (f) Records including, but not limited to, investigative reports, result- 21 ing from investigations conducted into complaints of discrimination made 22 to the Idaho human rights commission unless the public interest in allow- 23 ing inspection and copying of such records outweighs the legitimate public 24 or private interest in maintaining confidentiality of such records. A per- 25 son may inspect and copy documents from an investigative file to which he 26 or she is a named party if such documents are not otherwise prohibited 27 from disclosure by federal law or regulation or state law. The confidenti- 28 ality of this subsection will no longer apply to any record used in any 29 judicial proceeding brought by a named party to the complaint or investi- 30 gation, or by the Idaho human rights commission, relating to the complaint 31 of discrimination. 32 (g) Records containing information obtained by the manager of the Idaho 33 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or 34 on behalf of employers or employees contained in underwriting and claims 35 for benefits files. 36 (h) The worker's compensation records of the Idaho industrial commission 37 provided that the industrial commission shall make such records available: 38 (i) To the parties in any worker's compensation claim and to the 39 industrial special indemnity fund of the state of Idaho; or 40 (ii) To employers and prospective employers subject to the provi- 41 sions of the Americans with disabilities act, 42 U.S.C. 12112, or 42 other statutory limitations, who certify that the information is 43 being requested with respect to a worker to whom the employer has 44 extended an offer of employment and will be used in accordance with 45 the provisions of the Americans with disabilities act, 42 U.S.C. 46 12112, or other statutory limitations; or 47 (iii) To employers and prospective employers not subject to the pro- 48 visions of the Americans with disabilities act, 42 U.S.C. 12112, or 49 other statutory limitations, provided the employer presents a written 50 authorization from the person to whom the records pertain; or 51 (iv) To others who demonstrate that the public interest in allowing 52 inspection and copying of such records outweighs the public or pri- 53 vate interest in maintaining the confidentiality of such records, as 54 determined by a civil court of competent jurisdiction. 55 (3) Privacy, personnel records, personal information, health records, 3 1 professional discipline. 2 (a) Except as provided in this subsection, all personnel records of a 3 current or former public official other than the public official's public 4 service or employment history, classification, pay grade and step, longev- 5 ity, gross salary and salary history, status, workplace and employing 6 agency. All other personnel information relating to a public employee or 7 applicant including, but not limited to, information regarding sex, race, 8 marital status, birth date, home address and telephone number, applica- 9 tions, testing and scoring materials, grievances, correspondence and per- 10 formance evaluations, shall not be disclosed to the public without the 11 employee's or applicant's written consent. A public official or autho- 12 rized representative may inspect and copy his personnel records, except 13 for material used to screen and test for employment. 14 (b) Retired employees' and retired public officials' home addresses, home 15 telephone numbers and other financial and nonfinancial membership records; 16 active and inactive member financial and membership records and mortgage 17 portfolio loan documents maintained by the public employee retirement sys- 18 tem. Financial statements prepared by retirement system staff, funding 19 agents and custodians concerning the investment of assets of the public 20 employee retirement system of Idaho are not considered confidential under 21 this chapter. 22 (c) Information and records submitted to the Idaho state lottery for the 23 performance of background investigations of employees, lottery retailers 24 and major procurement contractors; audit records of lottery retailers, 25 vendors and major procurement contractors submitted to or performed by the 26 Idaho state lottery; validation and security tests of the state lottery 27 for lottery games; business records and information submitted pursuant to 28 sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such 29 documents and information obtained and held for the purposes of lottery 30 security and investigative action as determined by lottery rules unless 31 the public interest in disclosure substantially outweighs the private need 32 for protection from public disclosure. 33 (d) Records of a personal nature as follows: 34 (i) Records of personal debt filed with a public agency pursuant to 35 law; 36 (ii) Personal bank records compiled by a public depositor for the 37 purpose of public funds transactions conducted pursuant to law; 38 (iii) Records of ownership of financial obligations and instruments 39 of a public agency, such as bonds, compiled by the public agency pur- 40 suant to law; 41 (iv) Records, with regard to the ownership of, or security interests 42 in, registered public obligations; 43 (v) Vital statistics records; 44 (vi) Except as provided in this subsection, all information provided 45 to a law enforcement agency for sex offender registration pursuant to 46 the provisions of section 18-8306, Idaho Code: 47 1. Such information shall be available upon request to a law 48 enforcement agency; and 49 2. The information provided pursuant to the provisions of sub- 50 sections (1) and (3) of section 18-8306, Idaho Code, shall be 51 provided to any person upon written request. Such written 52 request shall include the name and either date of birth or 53 address of the person for whom the information is requested. 54 (e) Information in an income or other tax return measured by items of 55 income or sales, which is gathered by a public agency for the purpose of 4 1 administering the tax, except such information to the extent disclosed in 2 a written decision of the tax commission pursuant to a taxpayer protest of 3 a deficiency determination by the tax commission, under the provisions of 4 section 63-3045B, Idaho Code. 5 (f) Records of a personal nature related directly or indirectly to the 6 application for and provision of statutory services rendered to persons 7 applying for public care for the elderly, indigent, or mentally or physi- 8 cally handicapped, or participation in an environmental or a public health 9 study, provided the provisions of this subsection making records exempt 10 from disclosure shall not apply to the extent that such records or infor- 11 mation contained in those records are necessary for a background check on 12 an individual that is required by federal law regulating the sale of fire- 13 arms, guns or ammunition. 14 (g) Employment security information and unemployment insurance benefit 15 information, except that all interested parties may agree to waive the 16 exemption. 17 (h) Any personal records, other than names, business addresses and busi- 18 ness phone numbers, such as parentage, race, religion, sex, height, 19 weight, tax identification and social security numbers, financial worth or 20 medical condition submitted to any public agency pursuant to a statutory 21 requirement for licensing, certification, permit or bonding. 22 (i) Unless otherwise provided by agency rule, information obtained as 23 part of an inquiry into a person's fitness to be granted or retain a 24 license, certificate, permit, privilege, commission or position, private 25 association peer review committee records authorized in title 54, Idaho 26 Code. Any agency which has records exempt from disclosure under the pro- 27 visions of this subsection shall annually make available a statistical 28 summary of the number and types of matters considered and their disposi- 29 tion. 30 (j) The records, finding, determinations and decision of any prelitiga- 31 tion screening panel formed under chapter 10, title 6, Idaho Code. 32 (k) Board of professional discipline reprimands by informal admonition 33 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 34 (l) Records of the department of health and welfare or a public health 35 district thatidentifiesidentify a person 36 infected with a reportable disease. 37 (m) Records of hospital care, medical records, records of psychiatric 38 care or treatment and professional counseling records relating to an 39 individual's condition, diagnosis, care or treatment, provided the provi- 40 sions of this subsection making records exempt from disclosure shall not 41 apply to the extent that such records or information contained in those 42 records are necessary for a background check on an individual that is 43 required by federal law regulating the sale of firearms, guns or ammuni- 44 tion. 45 (4) Trade secrets, production records, appraisals, bids, proprietary 46 information. 47 (a) Trade secrets including those contained in response to public agency 48 requests for proposal, requests for clarification, requests for informa- 49 tion and similar requests. "Trade secrets" as used in this section means 50 information, including a formula, pattern, compilation, program, com- 51 puter program, device, method, technique, process, or unpublished or in 52 progress research that: 53 (i) Derives independent economic value, actual or potential, from 54 not being generally known to, and not being readily ascertainable by 55 proper means by other persons who can obtain economic value from its 5 1 disclosure or use; and 2 (ii) Is the subject of efforts that are reasonable under the circum- 3 stances to maintain its secrecy. 4 (b) Production records, sale or purchase records, catch records, mortgage 5 portfolio loan documents, or similar business records of a private con- 6 cern or enterprise required by law to be submitted to or inspected by a 7 public agency. Nothing in this subsection shall limit the use which can 8 be made of such information for regulatory purposes or its admissibility 9 in any enforcement proceeding. 10 (c) Records relating to the appraisal of real property, timber or mineral 11 rights prior to its acquisition, sale or lease by a public agency. 12 (d) Any estimate prepared by a public agency that details the cost of a 13 public project until such time as disclosed or bids are opened, or upon 14 award of the contract for construction of the public project. 15 (e) Examination, operating or condition reports and all documents relat- 16 ing thereto, prepared by or supplied to any public agency responsible for 17 the regulation or supervision of financial institutions including, but not 18 limited to, banks, savings and loan associations, regulated lenders, busi- 19 ness and industrial development corporations, credit unions, and insurance 20 companies, or for the regulation or supervision of the issuance of securi- 21 ties. 22 (f) Records gathered by a local agency or the Idaho department of com- 23 merce, as described in chapter 47, title 67, Idaho Code, for the specific 24 purpose of assisting a person to locate, maintain, invest in, or expand 25 business operations in the state of Idaho. 26 (g) Shipping and marketing records of commodity commissions used to eval- 27 uate marketing and advertising strategies and the names and addresses of 28 growers and shippers maintained by commodity commissions. 29 (h) Financial statements and business information and reports submitted 30 by a legal entity to a port district organized under title 70, Idaho Code, 31 in connection with a business agreement, or with a development proposal or 32 with a financing application for any industrial, manufacturing, or other 33 business activity within a port district. 34 (i) Names and addresses of seed companies, seed crop growers, seed crop 35 consignees, locations of seed crop fields, variety name and acreage by 36 variety. Upon the request of the owner of the proprietary variety, this 37 information shall be released to the owner. Provided, however, that if a 38 seed crop has been identified as diseased or has been otherwise identified 39 by the Idaho department of agriculture, other state departments of agri- 40 culture, or the United States department of agriculture to represent a 41 threat to that particular seed or commercial crop industry or to individ- 42 ual growers, information as to test results, location, acreage involved 43 and disease symptoms of that particular seed crop, for that growing sea- 44 son, shall be available for public inspection and copying. This exemption 45 shall not supersede the provisions of section 22-436, Idaho Code. 46 (j) Information obtained from books, records, and accounts required in 47 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and 48 rapeseed commission and pertaining to the individual production records of 49 canola or rapeseed growers. 50 (k) Records of any risk retention or self-insurance program prepared in 51 anticipation of litigation or for analysis of or settlement of potential 52 or actual money damage claims against a public entity and its employees or 53 against the industrial special indemnity fund except as otherwise 54 discoverable under the Idaho or federal rules of civil procedure. These 55 records shall include, but are not limited to, claims evaluations, inves- 6 1 tigatory records, computerized reports of losses, case reserves, internal 2 documents and correspondence relating thereto. At the time any claim is 3 concluded, only statistical data and actual amounts paid in settlement 4 shall be deemed a public record unless otherwise ordered to be sealed by a 5 court of competent jurisdiction. Provided however, nothing in this subsec- 6 tion is intended to limit the attorney client privilege or attorney work 7 product privilege otherwise available to any public agency. 8 (l) Records of laboratory test results provided by or retained by the 9 department of agriculture's quality assurance laboratory. Nothing in this 10 subsection shall limit the use which can be made, or availability of such 11 information if used, for regulatory purposes or its admissibility in any 12 enforcement proceeding. 13 (m) Reports required to be filed under chapter 13, title 62, Idaho Code, 14 identifying electrical or natural or manufactured gas consumption data for 15 an individual customer or account. 16 (n) Voluntarily prepared environmental audits, and voluntary disclosures 17 of information submitted to an environmental agency as defined in section 18 9-803, Idaho Code, which are claimed to be confidential business informa- 19 tion. 20 (o) Computer programs developed or purchased by or for any public agency 21 for its own use. As used in this subsection, "computer program" means a 22 series of instructions or statements which permit the functioning of a 23 computer system in a manner designed to provide storage, retrieval and 24 manipulation of data from the computer system, and any associated documen- 25 tation and source material that explain how to operate the computer pro- 26 gram. Computer program does not include: 27 (i) The original data including, but not limited to, numbers, text, 28 voice, graphics and images; 29 (ii) Analysis, compilation and other manipulated forms of the origi- 30 nal data produced by use of the program; or 31 (iii) The mathematical or statistical formulas that would be used if 32 the manipulated forms of the original data were to be produced manu- 33 ally. 34 (5) Archaeological, endangered species, libraries, legislative, test 35 keys, miscellaneous exemptions. 36 (a) Records, maps or other records identifying the location of archaeo- 37 logical or geophysical sites or endangered species, if not already known 38 to the general public. 39 (b) Archaeological and geologic records concerning exploratory drilling, 40 logging, mining and other excavation, when such records are required to be 41 filed by statute for the time provided by statute. 42 (c) The records of a library which, when examined alone, or when examined 43 with other public records, would reveal the identity of the library patron 44 checking out, requesting, or using an item from a library. 45 (d) The material of a library, museum or archive which has been contrib- 46 uted by a private person, to the extent of any limitation that is a condi- 47 tion of the contribution. 48 (e) Test questions, scoring keys, and other data used to administer a 49 licensing examination, employment, academic or other examination or test- 50 ing procedure before the examination is given if the examination is to be 51 used again. Records establishing procedures for and instructing persons 52 administering, grading or evaluating an examination or testing procedure 53 are included in this exemption, to the extent that disclosure would create 54 a risk that the result might be affected. 55 (f) Records consisting of draft legislation and documents specifically 7 1 related to such draft legislation or research requests submitted to the 2 legislative services office by a member of the Idaho legislature for the 3 purpose of placing such draft legislation into a form suitable for intro- 4 duction as official proposed legislation of the legislature of the state 5 of Idaho, unless the individual legislator having submitted or requested 6 such records or research agrees to waive the provisions of confidentiality 7 provided by this subsection. 8 (g) All papers, physical and electronic records and correspondence or 9 other supporting materials comprising the work papers in the possession of 10 the legislative services office or the director of legislative performance 11 evaluations prior to release of the related final audit and all other 12 records or materials in the possession of the legislative services office 13 or the director of legislative performance evaluations that would other- 14 wise be confidential or exempt from disclosure. 15 (h) Records that identify the method by which the Idaho state tax com- 16 mission selects tax returns for audit review.
STATEMENT OF PURPOSE
RS 07695
This proposed legislation would add the operating manuals
for the Department of Corrections and county jails to
those documents exempted from public disclosure. This
would allow for more orderly and more secure operations of
prisons and jails.
FISCAL NOTE
No fiscal impact.
CONTACT: Rep. Jim Clark
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H 575