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H0093......................................................by STATE AFFAIRS
PUBLIC RECORDS - EXEMPTIONS - Repeals and adds to existing law to recodify
the code sections dealing with records that are exempt from disclosure.
01/21 House intro - 1st rdg - to printing
01/22 Rpt prt - to St Aff
01/27 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
02/01 3rd rdg - PASSED - 67-0-2
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Taylor,
Tilman, Tippets, Watson, Wheeler, Williams, Wood, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Jones, Trail
Dist. 19, Seat A, Vacant
Floor Sponsor - Ellsworth
Title apvd - to Senate
02/02 Senate intro - 1st rdg - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 31-2-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Twiggs,
Wheeler
NAYS--Hawkins, Whitworth
Absent and excused--King, Stennett
Floor Sponsor - Richardson
Title apvd - to House
02/16 To enrol
02/17 Rpt enrol - Sp signed
02/18 Pres signed
02/19 To Governor
02/25 Governor signed
Session Law Chapter 30
Effective: 07/01/99
H0093|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 93 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; REPEALING SECTION 9-340, IDAHO CODE; AMENDING 3 CHAPTER 3, TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-340A, 4 IDAHO CODE, TO EXEMPT FROM DISCLOSURE RECORDS FOR WHICH FEDERAL OR STATE 5 LAW PROVIDES EXEMPTIONS FROM DISCLOSURE AND TO EXEMPT CERTAIN COURT FILES 6 OF JUDICIAL PROCEEDINGS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE 7 ADDITION OF A NEW SECTION 9-340B, IDAHO CODE, TO EXEMPT FROM DISCLOSURE 8 CERTAIN LAW ENFORCEMENT RECORDS, INVESTIGATORY RECORDS OF AGENCIES AND 9 WORKER'S COMPENSATION RECORDS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY 10 THE ADDITION OF A NEW SECTION 9-340C, IDAHO CODE, TO EXEMPT FROM DISCLO- 11 SURE PERSONNEL RECORDS, PERSONAL INFORMATION, HEALTH RECORDS AND PROFES- 12 SIONAL DISCIPLINE RECORDS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE 13 ADDITION OF A NEW SECTION 9-340D, IDAHO CODE, TO EXEMPT FROM DISCLOSURE 14 TRADE SECRETS, PRODUCTION RECORDS, APPRAISALS, BIDS AND PROPRIETARY INFOR- 15 MATION; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW 16 SECTION 9-340E, IDAHO CODE, TO EXEMPT FROM DISCLOSURE RECORDS REGARDING 17 ARCHAEOLOGICAL MATTERS, CERTAIN ENDANGERED SPECIES RECORDS, CERTAIN 18 LIBRARY RECORDS AND CERTAIN INFORMATION REGARDING LICENSING EXAMS; AMEND- 19 ING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 20 9-340F, IDAHO CODE, TO EXEMPT FROM DISCLOSURE DRAFT LEGISLATION AND SUP- 21 PORTING MATERIAL, CERTAIN TAX COMMISSION RECORDS AND CERTAIN RECORDS OF 22 THE PETROLEUM CLEAN WATER TRUST FUND; AMENDING SECTION 16-1623, IDAHO 23 CODE, TO PROVIDE A CORRECT REFERENCE REGARDING EXEMPTION FROM DISCLOSURE; 24 AMENDING SECTION 31-3418, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE 25 REGARDING EXEMPTION FROM DISCLOSURE; AMENDING SECTION 41-227, IDAHO CODE, 26 TO PROVIDE A CORRECT REFERENCE REGARDING EXEMPTION FROM DISCLOSURE; AMEND- 27 ING SECTION 41-335, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE REGARDING 28 EXEMPTION FROM DISCLOSURE AND TO MAKE A TECHNICAL CORRECTION; AMENDING 29 SECTION 41-5103, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE REGARDING 30 EXEMPTION FROM DISCLOSURE AND TO MAKE A TECHNICAL CORRECTION; AMENDING 31 SECTION 54-204, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE REGARDING 32 EXEMPTION FROM DISCLOSURE; AMENDING SECTION 54-918, IDAHO CODE, TO PROVIDE 33 A CORRECT REFERENCE REGARDING EXEMPTION FROM DISCLOSURE AND TO MAKE TECH- 34 NICAL CORRECTIONS; AND AMENDING SECTION 54-934, IDAHO CODE, TO PROVIDE A 35 CORRECT REFERENCE REGARDING EXEMPTION FROM DISCLOSURE AND TO MAKE A TECH- 36 NICAL CORRECTION. 37 Be It Enacted by the Legislature of the State of Idaho: 38 SECTION 1. That Section 9-340, Idaho Code, be, and the same is hereby 39 repealed. 40 SECTION 2. That Chapter 3, Title 9, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION , to be 42 known and designated as Section 9-340A, Idaho Code, and to read as follows: 2 1 9-340A. RECORDS EXEMPT FROM DISCLOSURE -- EXEMPTIONS IN FEDERAL OR STATE 2 LAW -- COURT FILES OF JUDICIAL PROCEEDINGS. The following records are exempt 3 from disclosure: 4 (1) Any public record exempt from disclosure by federal or state law or 5 federal regulations to the extent specifically provided for by such law or 6 regulation. 7 (2) Records contained in court files of judicial proceedings, the disclo- 8 sure of which is prohibited by or under rules adopted by the Idaho supreme 9 court, but only to the extent that confidentiality is provided under such 10 rules, and any drafts or other working memoranda related to judicial decision- 11 making, provided the provisions of this subsection making records exempt from 12 disclosure shall not apply to the extent that such records or information con- 13 tained in those records are necessary for a background check on an individual 14 that is required by federal law regulating the sale of firearms, guns or ammu- 15 nition. 16 SECTION 3. That Chapter 3, Title 9, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 9-340B, Idaho Code, and to read as follows: 19 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 20 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 21 exempt from disclosure: 22 (1) Investigatory records of a law enforcement agency, as defined in sec- 23 tion 9-337(5), Idaho Code, under the conditions set forth in section 9-335, 24 Idaho Code. 25 (2) Juvenile records of a person maintained pursuant to chapter 5, title 26 20, Idaho Code, except that facts contained in such records shall be furnished 27 upon request in a manner determined by the court to persons and governmental 28 and private agencies and institutions conducting pertinent research studies or 29 having a legitimate interest in the protection, welfare and treatment of the 30 juvenile who is thirteen (13) years of age or younger. If the juvenile is 31 petitioned or charged with an offense which would be a criminal offense if 32 committed by an adult, the name, offense of which the juvenile was petitioned 33 or charged and disposition of the court shall be subject to disclosure as pro- 34 vided in section 20-525, Idaho Code. Additionally, facts contained in any 35 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 36 be furnished upon request to any school district where the juvenile is 37 enrolled or is seeking enrollment. 38 (3) Records of the department of correction or the commission of pardons 39 and parole to the extent that disclosure thereof would interfere with the 40 secure and orderly conduct of their operations, or the rehabilitation of any 41 person in the custody of the department of correction or on parole, or would 42 substantially prejudice or prevent the carrying out of the functions of the 43 department of correction or the commission of pardons and parole if the public 44 interest in confidentiality clearly outweighs the public interest in disclo- 45 sure. Records exempt from disclosure shall include, but not be limited to, 46 those containing the names and addresses of witnesses or victims or those con- 47 taining information identifying victims or witnesses. 48 (4) Voting records of the sexual offender classification board. In accor- 49 dance with section 18-8315, Idaho Code, the written record of the vote to 50 classify an offender as a violent sexual predator by each board member in each 51 case reviewed by that board member shall be exempt from disclosure to the pub- 52 lic and shall be made available upon request only to the governor, the chair- 53 man of the senate judiciary and rules committee, and the chairman of the house 3 1 of representatives judiciary, rules and administration committee, for all law- 2 ful purposes. 3 (5) Records of the sheriff or department of law enforcement received or 4 maintained pursuant to section 18-3302, Idaho Code, relating to an applicant 5 or licensee. 6 (6) Records of investigations prepared by the department of health and 7 welfare pursuant to its statutory responsibilities dealing with the protection 8 of children, the rehabilitation of youth, adoptions and the commitment of men- 9 tally ill persons. 10 (7) Records including, but not limited to, investigative reports, result- 11 ing from investigations conducted into complaints of discrimination made to 12 the Idaho human rights commission unless the public interest in allowing 13 inspection and copying of such records outweighs the legitimate public or pri- 14 vate interest in maintaining confidentiality of such records. A person may 15 inspect and copy documents from an investigative file to which he or she is a 16 named party if such documents are not otherwise prohibited from disclosure by 17 federal law or regulation or state law. The confidentiality of this subsection 18 will no longer apply to any record used in any judicial proceeding brought by 19 a named party to the complaint or investigation, or by the Idaho human rights 20 commission, relating to the complaint of discrimination. 21 (8) Records containing information obtained by the manager of the Idaho 22 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 23 behalf of employers or employees contained in underwriting and claims for ben- 24 efits files. 25 (9) The worker's compensation records of the Idaho industrial commission 26 provided that the industrial commission shall make such records available: 27 (a) To the parties in any worker's compensation claim and to the indus- 28 trial special indemnity fund of the state of Idaho; or 29 (b) To employers and prospective employers subject to the provisions of 30 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 31 limitations, who certify that the information is being requested with 32 respect to a worker to whom the employer has extended an offer of employ- 33 ment and will be used in accordance with the provisions of the Americans 34 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 35 (c) To employers and prospective employers not subject to the provisions 36 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 37 tory limitations, provided the employer presents a written authorization 38 from the person to whom the records pertain; or 39 (d) To others who demonstrate that the public interest in allowing 40 inspection and copying of such records outweighs the public or private 41 interest in maintaining the confidentiality of such records, as determined 42 by a civil court of competent jurisdiction. 43 (10) Records of investigations compiled by the commission on aging involv- 44 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 45 be abused, neglected or exploited. 46 SECTION 4. That Chapter 3, Title 9, Idaho Code, be, and the same is 47 hereby amended by the addition thereto of a NEW SECTION , to be 48 known and designated as Section 9-340C, Idaho Code, and to read as follows: 49 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 50 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 51 are exempt from disclosure: 52 (1) Except as provided in this subsection, all personnel records of a 53 current or former public official other than the public official's public ser- 4 1 vice or employment history, classification, pay grade and step, longevity, 2 gross salary and salary history, status, workplace and employing agency. All 3 other personnel information relating to a public employee or applicant includ- 4 ing, but not limited to, information regarding sex, race, marital status, 5 birth date, home address and telephone number, applications, testing and 6 scoring materials, grievances, correspondence and performance evaluations, 7 shall not be disclosed to the public without the employee's or applicant's 8 written consent. A public official or authorized representative may inspect 9 and copy his personnel records, except for material used to screen and test 10 for employment. 11 (2) Retired employees' and retired public officials' home addresses, home 12 telephone numbers and other financial and nonfinancial membership records; 13 active and inactive member financial and membership records and mortgage port- 14 folio loan documents maintained by the public employee retirement system. 15 Financial statements prepared by retirement system staff, funding agents and 16 custodians concerning the investment of assets of the public employee retire- 17 ment system of Idaho are not considered confidential under this chapter. 18 (3) Information and records submitted to the Idaho state lottery for the 19 performance of background investigations of employees, lottery retailers and 20 major procurement contractors; audit records of lottery retailers, vendors and 21 major procurement contractors submitted to or performed by the Idaho state 22 lottery; validation and security tests of the state lottery for lottery games; 23 business records and information submitted pursuant to sections 67-7412(8) and 24 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 25 obtained and held for the purposes of lottery security and investigative 26 action as determined by lottery rules unless the public interest in disclosure 27 substantially outweighs the private need for protection from public disclo- 28 sure. 29 (4) Records of a personal nature as follows: 30 (a) Records of personal debt filed with a public agency 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, such as bonds, compiled by the public agency pursuant to 35 law; 36 (d) Records, with regard to the ownership of, or security interests in, 37 registered public obligations; 38 (e) Vital statistics records. 39 (5) Information in an income or other tax return measured by items of 40 income or sales, which is gathered by a public agency for the purpose of 41 administering the tax, except such information to the extent disclosed in a 42 written decision of the tax commission pursuant to a taxpayer protest of a 43 deficiency determination by the tax commission, under the provisions of sec- 44 tion 63-3045B, Idaho Code. 45 (6) Records of a personal nature related directly or indirectly to the 46 application for and provision of statutory services rendered to persons apply- 47 ing for public care for the elderly, indigent, or mentally or physically hand- 48 icapped, or participation in an environmental or a public health study, pro- 49 vided the provisions of this subsection making records exempt from disclosure 50 shall not apply to the extent that such records or information contained in 51 those records are necessary for a background check on an individual that is 52 required by federal law regulating the sale of firearms, guns or ammunition. 53 (7) Employment security information and unemployment insurance benefit 54 information, except that all interested parties may agree to waive the exemp- 55 tion. 5 1 (8) Any personal records, other than names, business addresses and busi- 2 ness phone numbers, such as parentage, race, religion, sex, height, weight, 3 tax identification and social security numbers, financial worth or medical 4 condition submitted to any public agency pursuant to a statutory requirement 5 for licensing, certification, permit or bonding. 6 (9) Unless otherwise provided by agency rule, information obtained as 7 part of an inquiry into a person's fitness to be granted or retain a license, 8 certificate, permit, privilege, commission or position, private association 9 peer review committee records authorized in title 54, Idaho Code. Any agency 10 which has records exempt from disclosure under the provisions of this subsec- 11 tion shall annually make available a statistical summary of the number and 12 types of matters considered and their disposition. 13 (10) The records, finding, determinations and decision of any prelitiga- 14 tion screening panel formed under chapter 10, title 6, Idaho Code. 15 (11) Board of professional discipline reprimands by informal admonition 16 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 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, records of psychiatric 20 care or treatment and professional counseling records relating to an 21 individual's condition, diagnosis, care or treatment, provided the provisions 22 of this subsection making records exempt from disclosure shall not apply to 23 the extent that such records or information contained in those records are 24 necessary for a background check on an individual that is required by federal 25 law regulating the sale of firearms, guns or ammunition. 26 (14) Information collected pursuant to the directory of new hires act, 27 chapter 16, title 72, Idaho Code. 28 (15) Personal information contained in motor vehicle and driver records 29 that is exempt from disclosure under the provisions of chapter 2, title 49, 30 Idaho Code. 31 (16) Records of the financial status of prisoners pursuant to subsection 32 (2) of section 20-607, Idaho Code. 33 (17) Records of the department of law enforcement or department of correc- 34 tion received or maintained pursuant to section 19-5514, Idaho Code, relating 35 to DNA databases and databanks. 36 SECTION 5. That Chapter 3, Title 9, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION , to be 38 known and designated as Section 9-340D, Idaho Code, and to read as follows: 39 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION 40 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are 41 exempt from disclosure: 42 (1) Trade secrets including those contained in response to public agency 43 requests for proposal, requests for clarification, requests for information 44 and similar requests. "Trade secrets" as used in this section means informa- 45 tion, including a formula, pattern, compilation, program, computer program, 46 device, method, technique, process, or unpublished or in progress research 47 that: 48 (a) Derives independent economic value, actual or potential, from not 49 being generally known to, and not being readily ascertainable by proper 50 means by other persons who can obtain economic value from its disclosure 51 or use; and 52 (b) Is the subject of efforts that are reasonable under the circumstances 53 to maintain its secrecy. 6 1 (2) Production records, sale or purchase records, catch records, mortgage 2 portfolio loan documents, or similar business records of a private concern or 3 enterprise required by law to be submitted to or inspected by a public agency. 4 Nothing in this subsection shall limit the use which can be made of such 5 information for regulatory purposes or its admissibility in any enforcement 6 proceeding. 7 (3) Records relating to the appraisal of real property, timber or mineral 8 rights prior to its acquisition, sale or lease by a public agency. 9 (4) Any estimate prepared by a public agency that details the cost of a 10 public project until such time as disclosed or bids are opened, or upon award 11 of the contract for construction of the public project. 12 (5) Examination, operating or condition reports and all documents relat- 13 ing thereto, prepared by or supplied to any public agency responsible for the 14 regulation or supervision of financial institutions including, but not limited 15 to, banks, savings and loan associations, regulated lenders, business and 16 industrial development corporations, credit unions, and insurance companies, 17 or for the regulation or supervision of the issuance of securities. 18 (6) Records gathered by a local agency or the Idaho department of com- 19 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur- 20 pose of assisting a person to locate, maintain, invest in, or expand business 21 operations in the state of Idaho. 22 (7) Shipping and marketing records of commodity commissions used to eval- 23 uate marketing and advertising strategies and the names and addresses of grow- 24 ers and shippers maintained by commodity commissions. 25 (8) Financial statements and business information and reports submitted 26 by a legal entity to a port district organized under title 70, Idaho Code, in 27 connection with a business agreement, or with a development proposal or with a 28 financing application for any industrial, manufacturing, or other business 29 activity within a port district. 30 (9) Names and addresses of seed companies, seed crop growers, seed crop 31 consignees, locations of seed crop fields, variety name and acreage by vari- 32 ety. Upon the request of the owner of the proprietary variety, this informa- 33 tion shall be released to the owner. Provided however, that if a seed crop has 34 been identified as diseased or has been otherwise identified by the Idaho 35 department of agriculture, other state departments of agriculture, or the 36 United States department of agriculture to represent a threat to that particu- 37 lar seed or commercial crop industry or to individual growers, information as 38 to test results, location, acreage involved and disease symptoms of that par- 39 ticular seed crop, for that growing season, shall be available for public 40 inspection and copying. This exemption shall not supersede the provisions of 41 section 22-436, Idaho Code. 42 (10) Information obtained from books, records and accounts required in 43 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and 44 rapeseed commission and pertaining to the individual production records of ca- 45 nola or rapeseed growers. 46 (11) Records of any risk retention or self-insurance program prepared in 47 anticipation of litigation or for analysis of or settlement of potential or 48 actual money damage claims against a public entity and its employees or 49 against the industrial special indemnity fund except as otherwise discoverable 50 under the Idaho or federal rules of civil procedure. These records shall 51 include, but are not limited to, claims evaluations, investigatory records, 52 computerized reports of losses, case reserves, internal documents and corre- 53 spondence relating thereto. At the time any claim is concluded, only statisti- 54 cal data and actual amounts paid in settlement shall be deemed a public record 55 unless otherwise ordered to be sealed by a court of competent jurisdiction. 7 1 Provided however, nothing in this subsection is intended to limit the attorney 2 client privilege or attorney work product privilege otherwise available to 3 any public agency. 4 (12) Records of laboratory test results provided by or retained by the 5 Idaho food quality assurance laboratory. Nothing in this subsection shall 6 limit the use which can be made, or availability of such information if used, 7 for regulatory purposes or its admissibility in any enforcement proceeding. 8 (13) Reports required to be filed under chapter 13, title 62, Idaho Code, 9 identifying electrical or natural or manufactured gas consumption data for 10 an individual customer or account. 11 (14) Voluntarily prepared environmental audits, and voluntary disclosures 12 of information submitted on or before December 31, 1997, to an environmental 13 agency as defined in section 9-803, Idaho Code, which are claimed to be confi- 14 dential business information. 15 (15) Computer programs developed or purchased by or for any public agency 16 for its own use. As used in this subsection, "computer program" means a series 17 of instructions or statements which permit the functioning of a computer sys- 18 tem in a manner designed to provide storage, retrieval and manipulation of 19 data from the computer system, and any associated documentation and source 20 material that explain how to operate the computer program. Computer program 21 does not include: 22 (a) The original data including, but not limited to, numbers, text, 23 voice, graphics and images; 24 (b) Analysis, compilation and other manipulated forms of the original 25 data produced by use of the program; or 26 (c) The mathematical or statistical formulas that would be used if the 27 manipulated forms of the original data were to be produced manually. 28 (16) Active investigative records and trademark usage audits of the Idaho 29 potato commission specifically relating to the enforcement of chapter 12, 30 title 22, Idaho Code, until the commencement of formal proceedings as provided 31 by rules of the commission; purchase and sales information submitted to the 32 Idaho potato commission during a trademark usage audit, and investigation or 33 enforcement proceedings. Inactive investigatory records shall be disclosed 34 unless the disclosure would violate the standards set forth in subsections 35 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection 36 shall limit the use which can be made, or availability of such information if 37 used, for regulatory purposes or its admissibility in any enforcement proceed- 38 ing. 39 SECTION 6. That Chapter 3, Title 9, Idaho Code, be, and the same is 40 hereby amended by the addition thereto of a NEW SECTION , to be 41 known and designated as Section 9-340E, Idaho Code, and to read as follows: 42 9-340E. EXEMPTIONS FROM DISCLOSURE -- ARCHAEOLOGICAL, ENDANGERED SPECIES, 43 LIBRARIES, LICENSING EXAMS. The following records are exempt from disclosure: 44 (1) Records, maps or other records identifying the location of archaeo- 45 logical or geophysical sites or endangered species, if not already known to 46 the general public. 47 (2) Archaeological and geologic records concerning exploratory drilling, 48 logging, mining and other excavation, when such records are required to be 49 filed by statute for the time provided by statute. 50 (3) The records of a library which, when examined alone, or when examined 51 with other public records, would reveal the identity of the library patron 52 checking out, requesting, or using an item from a library. 53 (4) The material of a library, museum or archive which has been contrib- 8 1 uted by a private person, to the extent of any limitation that is a condition 2 of the contribution. 3 (5) Test questions, scoring keys, and other data used to administer a 4 licensing examination, employment, academic or other examination or testing 5 procedure before the examination is given if the examination is to be used 6 again. Records establishing procedures for and instructing persons administer- 7 ing, grading or evaluating an examination or testing procedure are included in 8 this exemption, to the extent that disclosure would create a risk that the 9 result might be affected. 10 SECTION 7. That Chapter 3, Title 9, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION , to be 12 known and designated as Section 9-340F, Idaho Code, and to read as follows: 13 9-340F. RECORDS EXEMPT FROM DISCLOSURE -- DRAFT LEGISLATION AND SUPPORT- 14 ING MATERIALS, TAX COMMISSION, PETROLEUM CLEAN WATER TRUST FUND. The following 15 records are exempt from disclosure: 16 (1) Records consisting of draft legislation and documents specifically 17 related to such draft legislation or research requests submitted to the legis- 18 lative services office by a member of the Idaho legislature for the purpose of 19 placing such draft legislation into a form suitable for introduction as offi- 20 cial proposed legislation of the legislature of the state of Idaho, unless the 21 individual legislator having submitted or requested such records or research 22 agrees to waive the provisions of confidentiality provided by this subsec- 23 tion. 24 (2) All papers, physical and electronic records and correspondence or 25 other supporting materials comprising the work papers in the possession of the 26 legislative services office or the director of legislative performance evalua- 27 tions prior to release of the related final audit and all other records or 28 materials in the possession of the legislative services office or the director 29 of legislative performance evaluations that would otherwise be confidential 30 or exempt from disclosure. 31 (3) Records that identify the method by which the Idaho state tax com- 32 mission selects tax returns for audit review. 33 (4) Underwriting and claims records of the Idaho petroleum clean water 34 trust fund obtained pursuant to section 41-4904, 41-4908, 41-4910A, 41-4911 or 35 41-4911A, Idaho Code. Provided however, that this subsection shall not prevent 36 the Idaho petroleum clean water trust fund's submittal to the Idaho department 37 of health and welfare, division of environmental quality, or other regulatory 38 agencies of information necessary to satisfy an insured's corrective action 39 requirement under applicable federal or state standards in the event of a 40 release into the environment from a petroleum storage tank; and provided fur- 41 ther that nothing in this subsection shall prevent the Idaho petroleum clean 42 water trust fund from providing auditing, reporting, or actuarial information 43 as otherwise required of it pursuant to section 41-4918, 41-4924A, 41-4931, 44 41-4933, 41-4935, 41-4940 or 41-4941, Idaho Code. 45 SECTION 8. That Section 16-1623, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in 48 conjunction with the court and other public and private agencies and persons, 49 shall have the primary responsibility to implement the purpose of this chap- 50 ter. To this end, the department is empowered and shall have the duty to do 51 all things reasonably necessary to carry out the purpose of this chapter, 9 1 including, but not limited to, the following: 2 (a) The department shall administer treatment programs for the protection 3 and care of neglected, abused and abandoned children, and in so doing may 4 place in foster care, shelter care, group homes or other diagnostic, treat- 5 ment, or care centers or facilities, children of whom it has been given cus- 6 tody. The department is to be governed by the standards found in title 39, 7 chapter 12, Idaho Code. 8 (b) On December 1, the department shall make an annual statistical report 9 to the governor covering the preceding fiscal year showing the number and sta- 10 tus of persons in its custody and including such other data as will provide 11 sufficient facts for sound planning in the conservation of children and youth. 12 All officials and employees of the state and of every county and city shall 13 furnish the department upon request, such information within their knowledge 14 and control as the department deems necessary. Local agencies shall report in 15 such uniform format as may be required by the department. 16 (c) The department shall be required to maintain a central registry for 17 the reporting of child neglect, abuse and abandonment information. 18 (d) The department shall make periodic evaluation of all persons in its 19 custody or under its supervision for the purpose of determining whether exist- 20 ing orders and dispositions in individual cases shall be modified or continued 21 in force. Evaluations may be made as frequently as the department considers 22 desirable and shall be made with respect to every person at intervals not 23 exceeding six (6) months. Reports of evaluation made pursuant to this section 24 shall be filed with the court which vested custody of the person with the 25 department. Reports of evaluation shall be provided to persons having full or 26 partial legal or physical custody of a child. Failure of the department to 27 evaluate a person or to reevaluate him within six (6) months of a previous 28 examination shall not of itself entitle the person to a change in disposition 29 but shall entitle him, his parent, guardian or custodian or his counsel to 30 petition the court pursuant to section 16-1611, Idaho Code. 31 (e) In a consultive capacity, the department shall assist communities in 32 the development of constructive programs for the protection, prevention and 33 care of children and youth. 34 (f) The department shall keep written records of investigations, evalua- 35 tions, prognosis and all orders concerning disposition or treatment of every 36 person over whom it has legal custody. Department records shall be subject to 37 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise 38 ordered by the court, the person consents to the disclosure, or disclosure is 39 necessary for the delivery of services to the person. Notwithstanding the pro- 40 visions restricting disclosure or theprovisions of section 9-34041 exemptions from disclosure provided in chapter 3, title 9 , Idaho 42 Code, all records pertaining to investigations, the rehabilitation of youth, 43 the protection of children, evaluation, treatment and/or disposition records 44 pertaining to the statutory responsibilities of the department shall be dis- 45 closed to any duly elected state official carrying out his official functions. 46 (g) The department shall establish appropriate administrative procedures 47 for the processing of complaints of child neglect, abuse and abandonment 48 received and for the implementation of the protection, treatment and care of 49 children formally or informally placed in the custody of the department under 50 this chapter. 51 (h) The department having been granted legal custody of a child, subject 52 to the judicial review provisions of this subsection, shall have the right to 53 determine where and with whom the child shall live, provided that the child 54 shall not be placed outside the state without the court's consent. Provided 55 however, that the court shall retain jurisdiction over the child, which juris- 10 1 diction shall be entered on any order or petition granting legal custody to 2 the department, and the court shall have jurisdiction over all matters relat- 3 ing to the child. The department shall not place the child in the home from 4 which the court ordered the child removed without first obtaining the approval 5 of the court. 6 (i) The department shall give to the court any information concerning the 7 child that the court may at any time require, but in any event shall report 8 the progress of the child under its custody at intervals of not to exceed six 9 (6) months. There shall be a rebuttable presumption that if a child is placed 10 in the custody of the department and was also placed in out of the home care 11 for a period not less than fifteen (15) out of the last twenty-two (22) months 12 from the date of adjudication, the department shall initiate a petition for 13 termination of parental rights. This presumption may be rebutted by a finding 14 of the court that the filing of a petition for termination of parental rights 15 would not be in the best interests of the child or reasonable efforts have not 16 been provided to reunite the child with his family, or the child is placed 17 permanently with a relative. 18 (j) The department shall establish appropriate administrative procedures 19 for the conduct of administrative reviews and hearings as required by federal 20 statute for all children committed to the department and placed in out of home 21 care. 22 (k) At any time the department is considering a placement pursuant to 23 this act, the department shall make a reasonable effort to place the child in 24 the least disruptive environment to the child and in so doing may consider, 25 without limitation, placement of the child with related persons. 26 SECTION 9. That Section 31-3418, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 31-3418. CONFIDENTIALITY -- PROCEEDINGS AND RECORDS OF INDIGENTS. All 29 proceedings and records related to indigency, pursuant to chapter 34, title 30 31, Idaho Code, shall be exempt from disclosure pursuant tosection319-340chapter 3, title 9 , Idaho Code. 32 SECTION 10. That Section 41-227, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 41-227. EXAMINATION REPORT. (1) The director or his examiner shall make a 35 full and true written report of every examination made by him under this chap- 36 ter, and shall verify the report by his oath. 37 (2) The report shall comprise only facts appearing upon the books, 38 papers, records or documents of the person being examined, or ascertained from 39 testimony of individuals under oath concerning the affairs of such person, 40 together with such conclusions and recommendations as may reasonably be war- 41 ranted from such facts. 42 (3) Prior to a hearing and prior to any modifications the report shall be 43 subject to disclosure according to chapter 3, title 9, Idaho Code. 44 (4) No later than sixty (60) days following completion of the examina- 45 tion, the examiner in charge shall file with the department a verified written 46 report of examination under oath. Upon receipt of the verified report, the 47 department shall transmit the report to the company examined, together with a 48 notice which shall afford the company examined a reasonable opportunity of not 49 more than thirty (30) days to make a written submission or rebuttal with 50 respect to any matters contained in the examination report. 51 (5) Within thirty (30) days of the end of the period allowed for the 11 1 receipt of written submissions or rebuttals, the director shall fully consider 2 and review the report, together with any written submissions or rebuttals and 3 any relevant portions of the examiner's work papers, and enter an order: 4 (a) Adopting the examination report as filed or with modifications or 5 corrections. If the examination report reveals that the company is operat- 6 ing in violation of any law, regulation or prior order of the director, 7 the director may order the company to take any action the director consid- 8 ers necessary and appropriate to cure such violation; 9 (b) Rejecting the examination report with directions to the examiners to 10 reopen the examination for purposes of obtaining additional data, documen- 11 tation or information, and refiling pursuant to subsection (2) of this 12 section; or 13 (c) Calling for an investigatory hearing with no less than twenty (20) 14 days' notice to the company for purposes of obtaining additional documen- 15 tation, data, information and testimony. 16 (6) (a) All orders entered pursuant to subsection (5)(a) of this section 17 shall be accompanied by findings and conclusions resulting from the 18 director's consideration and review of the examination report, relevant 19 examiner work papers and any written submissions or rebuttals. Any such 20 order shall be considered a final order and may be appealed pursuant to 21 sections 67-5270 through 67-5279, Idaho Code, and shall be served upon the 22 company by certified mail, together with a copy of the adopted examination 23 report. Within thirty (30) days of the issuance of the adopted report, the 24 company shall file affidavits executed by each of its directors stating 25 under oath that they have received a copy of the adopted report and 26 related orders. 27 (b) Any hearing conducted under subsection (5)(c) of this section by the 28 director or authorized representative, shall be conducted in accordance 29 with the provisions of chapter 52, title 67, Idaho Code, as a 30 nonadversarial confidential investigatory proceeding as necessary for the 31 resolution of any inconsistencies, discrepancies or disputed issues appar- 32 ent upon the face of the filed examination report or raised by, or as a 33 result of, the director's review of relevant work papers or by the written 34 submission or rebuttal of the company. Within twenty (20) days of the con- 35 clusion of any such hearing, the director shall enter an order pursuant to 36 the provisions of subsection (5)(a) of this section. 37 (c) The director shall not appoint a contract examiner or an employee of 38 the department as an authorized representative to conduct the hearing. 39 Nothing contained in this section shall require the department to disclose 40 any information or records which would indicate or show the content of any 41 investigation or activity of a criminal justice agency, except to the 42 extent that the director relied upon information furnished to the director 43 by such criminal justice agency in making his decision. 44 (7) The report when so verified and filed shall be admissible in evidence 45 in any action or proceeding brought by the director against the person exam- 46 ined, or against its officers, employees or agents, and shall be presumptive 47 evidence of the material facts stated therein. The director or his examiners 48 may at any time testify and offer other proper evidence as to information 49 secured or matters discovered during the course of an examination, whether or 50 not a written report of the examination has been either made, furnished or 51 filed in the department. 52 (8) After an order is entered under the provisions of subsection (5)(a) 53 of this section, the director may publish the report or the results of the 54 examination as contained therein which report or results are a public record 55 and shall be exempt from theprovisions of section 9-34012 1 exemptions from disclosure provided in chapter 3, title 9 , Idaho Code. 2 (9) Nothing contained in this chapter shall prevent or be construed as 3 prohibiting the director from disclosing the content of an examination report, 4 preliminary examination report or results, or any matter relating thereto, to 5 the insurance department of this or any other state or country, or to law 6 enforcement officials of this or any other state or agency of the federal gov- 7 ernment at any time, so long as the agency or office receiving the report or 8 matters relating thereto agrees in writing to hold it confidential and in a 9 manner consistent with this chapter. 10 (10) All working papers, recorded information, documents and copies 11 thereof produced by, obtained by or disclosed to the director or any other 12 person in the course of an examination made under the provisions of this chap- 13 ter shall be made available to the person or company which was the subject of 14 the examination in proceedings pursuant to chapter 52, title 67, Idaho Code, 15 but shall otherwise be held by the director as a record not required to be 16 made public pursuant tosection 9-340exemptions from dis- 17 closure provided in chapter 3, title 9 , Idaho Code. 18 SECTION 11. That Section 41-335, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 41-335. ANNUAL STATEMENT. (1) Each authorized insurer shall annually on 21 or before March 1, or within any extension of time therefor, not to exceed 22 thirty (30) days, which the director for good cause may have granted, file 23 with the director a full and true statement of its financial condition, trans- 24 actions and affairs as of the preceding December 31. Unless otherwise required 25 by the director, the statement is to be prepared in accordance with the annual 26 statement instructions and the accounting and procedures manual adopted by the 27 national association of insurance commissioners (NAIC) and is to be submitted 28 on the NAIC annual convention blank form, and any statement, form or other 29 information relating to the compensation of any officer, director or employee 30 will be deemed confidential. At the seasonable request of a domestic insurer 31 the director shall furnish to the insurer the blank form of annual statement 32 to be used by it. The statement shall be verified by the oath of the insurer's 33 president orvice-presidentvice president , and sec- 34 retary or actuary as applicable, or if a reciprocal insurer, by the oath of 35 the attorney in fact or its like officers if a corporation. 36 (2) The statement of an alien insurer shall be verified by its United 37 States manager or other officer duly authorized, and shall relate only to the 38 insurer's transactions and affairs in the United States unless the director 39 requires otherwise. If the director requires a statement as to the insurer's 40 affairs throughout the world, the insurer shall file such statement with the 41 director as soon as reasonably possible. 42 (3) An insurer which is subject to section 41-337, Idaho Code, (resident 43 agent, countersignature law) shall attach to its annual statement the affida- 44 vit required under section 41-339, Idaho Code. 45 (4) Any insurance company licensed to do business in this state which 46 neglects to file or fails to file in the time prescribed by statute its annual 47 statement or supplemental summary statement requested by the director shall be 48 subject to a penalty of twenty-five dollars ($25.00) per day for each day in 49 default. This penalty will be in addition to any administrative penalty which 50 may be assessed pursuant to sections 41-327 and 41-324, Idaho Code. 51 (5) Each domestic insurer authorized to do business in this state shall 52 annually, on or before March 1 of each year, file with NAIC its annual finan- 53 cial statement in a form prescribed by the director along with any additional 13 1 filings prescribed by the director for the preceding year. The information 2 filed with NAIC shall be in the same format and scope as that required by this 3 code. Any amendments or addenda to the annual statement shall also be filed 4 with NAIC. 5 (6) At time of filing, the insurer shall pay to the director the fee for 6 filing its statement as prescribed by rule of the department of insurance. 7 (7) The financial statements filed with the director pursuant to this 8 section, with the exception of information relating to officer, director, or 9 employee compensation referred to in subsection (1) of this section, are pub- 10 lic records and available to the public, notwithstanding theprovisions11of section 9-340exemptions from disclosure provided in chapter 12 3, title 9 , Idaho Code. 13 SECTION 12. That Section 41-5103, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 41-5103. LICENSURE. (1) No person, firm, association or corporation shall 16 act as a RB in this state if the RB maintains an office either directly or as 17 a member or employee of a firm or association, or an officer, director or 18 employee of a corporation: 19 (a) In this state, unless such RB is a licensed producer in this state; 20 or 21 (b) In another state, unless such RB is a licensed producer in this state 22 or another state having a law substantially similar to this law or such RB 23 is licensed in this state as a nonresident reinsurance intermediary. 24 (2) No person, firm, association or corporation shall act as a RM: 25 (a) For a reinsurer domiciled in this state, unless such RM is a licensed 26 producer in this state; 27 (b) In this state, if the RM maintains an office either directly or as a 28 member or employee of a firm or association, or an officer, director or 29 employee of a corporation in this state, unless such RM is a licensed pro- 30 ducer in this state; 31 (c) In another state for a nondomestic insurer, unless such RM is a 32 licensed producer in this state or another state having a law substan- 33 tially similar to this law or such person is licensed in this state as a 34 nonresident reinsurance intermediary. 35 (3) The director may require a RM subject to subsection (2) of this sec- 36 tion to: 37 (a) File a bond in an amount from an insurer acceptable to the director 38 for the protection of the reinsurer; and 39 (b) Maintain an errors and omissions policy in an amount acceptable to 40 the director. 41 (4) (a) The director may issue a reinsurance intermediary license to any 42 person, firm, association or corporation who has complied with the 43 requirements of this chapter. Any such license issued to a firm or associ- 44 ation will authorize all the members of such firm or association and any 45 designated employees to act as reinsurance intermediaries under the 46 license, and all such persons shall be named in the application and any 47 supplements thereto. Any such license issued to a corporation shall autho- 48 rize all of the officers, and any designated employees and directors 49 thereof to act as reinsurance intermediaries on behalf of such corpora- 50 tion, and all such persons shall be named in the application and any sup- 51 plements thereto. 52 (b) If the applicant for a reinsurance intermediary license is a nonresi- 53 dent, such applicant, as a condition precedent to receiving or holding a 14 1 license, shall designate the director as agent for service of process in 2 the manner, and with the same legal effect, provided for in this title for 3 designation of service of process upon unauthorized insurers, and shall 4 also furnish the director with the name and address of a resident of this 5 state upon whom notices or orders of the director or process affecting 6 such nonresident reinsurance intermediary may be served. Such licensee 7 shall promptly notify the director in writing of every change in its des- 8 ignated agent for service of process, and such change shall not become 9 effective until acknowledged by the director. 10 (5) The director may refuse to issue a reinsurance intermediary license 11 if, in his judgment, the applicant,any oneanyone 12 named on the application, or any member, principal, officer or director of the 13 applicant, is not trustworthy, or that any controlling person of such appli- 14 cant is not trustworthy to act as a reinsurance intermediary, or that any of 15 the foregoing has given cause for revocation or suspension of such license, or 16 has failed to comply with any prerequisite for the issuance of such license. 17 Upon written request therefor, the director will furnish a summary of the 18 basis for refusal to issue a license, which document shall be privileged and 19 exempt from disclosure pursuant tosection 9-340exemptions 20 provided in chapter 3, title 9 , Idaho Code. 21 (6) Licensed attorneys at law of this state when acting in their profes- 22 sional capacity as such shall be exempt from the provisions of this section. 23 SECTION 13. That Section 54-204, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 54-204. POWERS AND DUTIES. The Idaho state board of accountancy, in addi- 26 tion to the other powers and duties set forth in this chapter, shall have the 27 following powers and duties: 28 (1) To adopt and amend rules in accordance with the provisions of the 29 administrative procedure act, chapter 52, title 67, Idaho Code, governing its 30 administration and the enforcement of this chapter and the conduct of licen- 31 sees including, but not limited to: 32 (a) Rules governing the board's meetings and the conduct of its business; 33 (b) Rules of procedure governing the conduct of investigations and hear- 34 ings by the board; 35 (c) Rules specifying the education qualifications required for the issu- 36 ance of certificates, the experience required for initial issuance of cer- 37 tificates and the continuing professional education required for renewal 38 of licenses; 39 (d) Rules of professional conduct directed to controlling the quality and 40 probity of the practice of public accountancy by licensees, and dealing 41 among other things with independence, integrity and objectivity; compe- 42 tence and technical standards; responsibilities to the public; and respon- 43 sibilities to clients; 44 (e) Rules specifying actions and circumstances that shall be deemed to 45 constitute holding oneself out as a licensee in connection with the prac- 46 tice of public accountancy; 47 (f) Rules regarding quality reviews that may be required to be performed 48 under the provisions of this chapter; 49 (g) Rules for the method and substance of examination for licenses to 50 practice as certified public accountants. The board shall provide for 51 examination of applicants, at least annually, at such times and places as 52 circumstances and applications may warrant. The board shall use all or 53 part of the uniform CPA examination, and may use any related service 15 1 available from the American institute of certified public accountants 2 (AICPA) and the national association of state boards of accountancy 3 (NASBA), or an examination and services consistent with standards of the 4 AICPA examination. The board may contract with third parties to perform 5 such administrative services with respect to the examination as it deems 6 appropriate to assist it in performing its duties hereunder. The board 7 shall adopt a system to maintain the security and integrity of the exami- 8 nation process; and 9 (h) Such other rules as the board may deem necessary or appropriate to 10 implement or administer the provisions and purposes of this chapter. 11 (2) To issue original certificates of qualification and licenses to prac- 12 tice as certified public accountants to such applicants as may be qualified by 13 reciprocity, transfer of examination grades or by examination. 14 (3) To charge and collect from all applicants, certificate holders, and 15 licensees such fees as are provided by this chapter and prescribed by rules of 16 the board. 17 (4) To initiate or receive complaints, cause the same to be investigated, 18 initiate proceedings, and conduct hearings or proceedings pursuant to chapter 19 2, title 54, Idaho Code. The board may designate a member, or any other person 20 of appropriate competence, to serve as investigating officer to conduct an 21 investigation. Upon completion of an investigation, the investigating officer 22 shall file a report with the board. Unless dismissed by the board as unfounded 23 or trivial, the board may proceed with disciplinary proceedings or may return 24 the report to the investigating officer for further investigation. 25 (a) In order to protect the interests of a complainant, witness, third 26 party or defendant, the board may upon application and for good cause 27 shown, issue a protective order, consistent withsection 9-34028chapter 3, title 9 , Idaho Code, prohibiting the dis- 29 closure of specific information otherwise not privileged and confidential 30 and direct that the proceedings be conducted so as to implement the order. 31 (b) In carrying into effect the provisions of this chapter, the board may 32 subpoena witnesses and compel their attendance, and also may require the 33 submission of books, papers, documents or other pertinent data in any dis- 34 ciplinary matters or in any case wherever a violation of the provisions of 35 this chapter is alleged. Upon failure or refusal to comply with any such 36 order of the board, or upon failure to honor its subpoena, the board may 37 apply to the court in the district where the witness resides to enforce 38 compliance. 39 (5) To authorize by written agreement the bureau of occupational licenses 40 as agent to act in its interest. 41 (6) Any action, claim or demand to recover money damages from the board 42 or its employees which any person is legally entitled to recover as compensa- 43 tion for the negligent or otherwise wrongful act or omission of the board or 44 its employees, when acting within the course and scope of their employment, 45 shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho 46 Code. For purposes of this subsection, the term "employees" shall include spe- 47 cial assignment members of the board and other independent contractors while 48 acting within the course and scope of their board related work. 49 All hearings, investigations or proceedings conducted by the board shall, 50 unless otherwise requested by the concerned party, be subject to disclosure 51 according to chapter 3, title 9, Idaho Code. 52 SECTION 14. That Section 54-918, Idaho Code, be, and the same is hereby 53 amended to read as follows: 16 1 54-918. EXAMINATIONS -- CERTIFICATE OF QUALIFICATION. At least once in 2 each calendar year, the board or its agent shall conduct separate examinations 3 in dentistry and in dental hygiene. Examinations shall be written or clinical, 4 or both, and upon such subjects in dentistry and dental hygiene as the board 5 shall determine will thoroughly test the fitness and ability of the applicant 6 to practice dentistry or dental hygiene. It shall report and record the names 7 of applicants who pass and of those who fail the examination. Upon the 8 candidate's request, the board will issue to each passing applicant in den- 9 tistry, who is qualified for Idaho licensure, a certificate of qualification 10 to practice dentistry, and to each passing applicant in dental hygiene, who is 11 qualified for Idaho licensure, a certificate of qualification to practice den- 12 tal hygiene within the state of Idaho. 13 Prior to an examination, or by general rule, the board shall determine the 14 relative weight of the written and of the clinical examination, the passing 15 grade, not exceeding seventyper centpercent (70%), 16 for each subject, section, or part of the examination and the general average 17 passing grade, not exceeding seventy-fiveper centpercent 18 (75%). The board may recognize a certificate granted by the commission 19 on national dental examinations. 20 Applicants who fail the examination shall be notified thereof in writing 21 by the board or its agent, which shall also record the fact of failure and the 22 date and means of notification. 23 Written questions and answers of applicants shall be subject to disclosure 24 according to chapter 3, title 9, Idaho Code, unless exempt from disclosure 25as provided by section 9-340, Idaho Codein that chapter 26 and title , and shall be destroyed by the board after the period of one 27 (1) year following the examination. 28 SECTION 15. That Section 54-934, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-934. PEER REVIEW COMMITTEES -- IMMUNITY FROM LIABILITY -- CONFIDENTI- 31 ALITY OF RECORDS. (1) The state board of dentistry or the Idaho state dental 32 association or both may establish one (1) or more peer review 33 committees pursuant to this section, for the purpose of: 34 (a) Determining the relevancy of a dentist's usual and reasonable fees or 35 treatment procedure to the terms of a contract; 36 (b) Assessing the quality of services rendered; or 37 (c) Evaluating claims against dentists or engaging in underwriting deci- 38 sions in connection with professional liability insurance coverage for 39 dentists. 40 (2) The board or the associations, any one (1) of which has established a 41 peer review committee pursuant to law, any committee member or any staff mem- 42 ber of either the board or of the associations assisting a peer review commit- 43 tee, and any witness or consultant appearing before or presenting information 44 to a peer review committee shall be immune from liability in any civil action 45 brought as a result of a peer review investigation or proceeding conducted by 46 a peer review committee, if the board, association, committee or staff member, 47 witness or consultant, acts in good faith within the scope of the function of 48 the committee, has made a reasonable effort to obtain the facts of the matter 49 as to which the board or association or he acts, in the reasonable belief that 50 the action taken is warranted by the facts. 51 (3) Any entity, organization or person acting without malice in making 52 any report or other information available to a peer review committee, or who 53 assists in the origination, investigation or preparation of that information, 17 1 or assists a committee in carrying out any of its duties or functions, shall 2 be immune from civil liability for any such actions. 3 (4) Any communications or information relating to peer committee investi- 4 gations or proceedings as provided by law, and the proceedings and records of 5 the committee related to them, shall be subject to disclosure according to 6 chapter 3, title 9, Idaho Code, unless exempt from disclosureas pro-7vided in section 9-340, Idaho Codein that chapter and title 8 , and shall not be subject to discovery or introduced into evidence in 9 any civil action against a dentist arising out of matters which are the sub- 10 ject of evaluation and review by the committee.
STATEMENT OF PURPOSE
RS 08514
The proposed legislation recodifies the exemptions to the Public Records Act presently
found at Idaho Code 9-340. The bill repeals Idaho Code 9-340 and places the
exemptions in six separate code sections numbered Idaho Code 9-340A through 9340F.
There are no substantive changes to any of the exemptions found in the Public Records
Act.
The reason that this change is sought is because Idaho Code 9-340 has become very long
and cumbersome. Separate code sections would make future amendments to the exemption
portion of the Public Records Act simpler in that it would require less proofreading and
would give greater prominence to the listed exemptions.
FISCAL NOTE
There is no fiscal impact on the state general fund.
CONTACT:
Representative Julie Ellsworth
332-1000
William A. von Tagen, Deputy Attomey General
Of fice of Attorney General, Intergovernmental & Fiscal Law Division
334-4140
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 93