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S1089aa,aaH..........................................by JUDICIARY AND RULES
PUBLIC RECORDS - Amends existing law to provide that operation manuals of
county jails are exempt from disclosure under the Public Records Act.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Jud
02/09 Rpt out - to 14th Ord
02/10 Rpt out amen - to engros
02/11 Rpt engros - 1st rdg - to 2nd rdg as amen
02/12 2nd rdg - to 3rd rdg as amen
02/16 3rd rdg as amen - PASSED - 30-0-5
AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
Keough, King, Lee, McLaughlin, Parry, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Thorne, Twiggs, Wheeler,
Whitworth
NAYS--None
Absent and excused--Andreason, Danielson, Ipsen, Noh, Stennett
Floor Sponsor - Darrington
Title apvd - to House
02/17 House intro - 1st rdg as amen - to Jud
03/12 Rpt out - to Gen Ord
Rpt out amen - to 1st rdg as amen
03/15 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 62-2-6
AYES -- 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, Jaquet, Jones, Judd, Kellogg,
Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley,
McKague, Meyer(Duncan), Montgomery, Mortensen, Pischner, Pomeroy,
Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Zimmermann, Mr Speaker
NAYS -- Bieter, Ringo
Absent and excused -- Alltus, Hornbeck, Kempton, Moyle, Williams,
Wood
Floor Sponsor - Tippets
Title apvd - to Senate
03/19 Senate concurred in House amens - to engros
Rpt engros - to 1st rdg as amen
Rules susp - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, McLaughlin, Noh, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Lee, Parry
Floor Sponsor - Darrington
Title apvd - to enrol
03/22 Rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 308
Effective: 07/01/99
S1089|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1089, As Amended, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-340B, IDAHO 3 CODE, AS ADDED BY SECTION 3 OF HOUSE BILL 93, ENACTED BY THE FIRST REGULAR 4 SESSION OF THE FIFTY-FIFTH IDAHO LEGISLATURE, TO EXTEND AN EXEMPTION FROM 5 DISCLOSURE UNDER THE PUBLIC RECORDS ACT TO OPERATIONS MANUALS OF COUNTY 6 JAILS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 9-340B, Idaho Code, as added by Section 3 of 9 House Bill 93, enacted by the First Regular Session of the Fifty-fifth Idaho 10 Legislature, be, and the same is hereby amended to read as follows: 11 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 12 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 13 exempt from disclosure: 14 (1) Investigatory records of a law enforcement agency, as defined in sec- 15 tion 9-337(5), Idaho Code, under the conditions set forth in section 9-335, 16 Idaho Code. 17 (2) Juvenile records of a person maintained pursuant to chapter 5, title 18 20, Idaho Code, except that facts contained in such records shall be furnished 19 upon request in a manner determined by the court to persons and governmental 20 and private agencies and institutions conducting pertinent research studies or 21 having a legitimate interest in the protection, welfare and treatment of the 22 juvenile who is thirteen (13) years of age or younger. If the juvenile is 23 petitioned or charged with an offense which would be a criminal offense if 24 committed by an adult, the name, offense of which the juvenile was petitioned 25 or charged and disposition of the court shall be subject to disclosure as pro- 26 vided in section 20-525, Idaho Code. Additionally, facts contained in any 27 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 28 be furnished upon request to any school district where the juvenile is 29 enrolled or is seeking enrollment. 30 (3) (a) Records of the department of correction or the com- 31 mission of pardons and parole to the extent that disclosure thereof would 32 interfere with the secure and orderly conduct of their operations, or the 33 rehabilitation of any person in the custody of the department of correc- 34 tion or on parole, or would substantially prejudice or prevent the carry- 35 ing out of the functions of the department of correction or the commission 36 of pardons and parole if the public interest in confidentiality clearly 37 outweighs the public interest in disclosure. Records exempt from disclo- 38 sure shall include, but not be limited to, those containing the names and 39 addresses of witnesses or victims or those containing information identi- 40 fying victims or witnesses. 41 (b) Operation manuals of county jails. "Operation manuals" are 42 those internal documents of any county jail that define the procedures 43 utilized to maintain security within the jail. 2 1 (4) Voting records of the sexual offender classification board. In accor- 2 dance with section 18-8315, Idaho Code, the written record of the vote to 3 classify an offender as a violent sexual predator by each board member in each 4 case reviewed by that board member shall be exempt from disclosure to the pub- 5 lic and shall be made available upon request only to the governor, the chair- 6 man of the senate judiciary and rules committee, and the chairman of the house 7 of representatives judiciary, rules and administration committee, for all law- 8 ful purposes. 9 (5) Records of the sheriff or department of law enforcement received or 10 maintained pursuant to section 18-3302, Idaho Code, relating to an applicant 11 or licensee. 12 (6) Records of investigations prepared by the department of health and 13 welfare pursuant to its statutory responsibilities dealing with the protection 14 of children, the rehabilitation of youth, adoptions and the commitment of 15 mentally ill persons. 16 (7) Records including, but not limited to, investigative reports, result- 17 ing from investigations conducted into complaints of discrimination made to 18 the Idaho human rights commission unless the public interest in allowing 19 inspection and copying of such records outweighs the legitimate public or pri- 20 vate interest in maintaining confidentiality of such records. A person may 21 inspect and copy documents from an investigative file to which he or she is a 22 named party if such documents are not otherwise prohibited from disclosure by 23 federal law or regulation or state law. The confidentiality of this subsection 24 will no longer apply to any record used in any judicial proceeding brought by 25 a named party to the complaint or investigation, or by the Idaho human rights 26 commission, relating to the complaint of discrimination. 27 (8) Records containing information obtained by the manager of the Idaho 28 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 29 behalf of employers or employees contained in underwriting and claims for ben- 30 efits files. 31 (9) The worker's compensation records of the Idaho industrial commission 32 provided that the industrial commission shall make such records available: 33 (a) To the parties in any worker's compensation claim and to the indus- 34 trial special indemnity fund of the state of Idaho; or 35 (b) To employers and prospective employers subject to the provisions of 36 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 37 limitations, who certify that the information is being requested with 38 respect to a worker to whom the employer has extended an offer of employ- 39 ment and will be used in accordance with the provisions of the Americans 40 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 41 (c) To employers and prospective employers not subject to the provisions 42 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 43 tory limitations, provided the employer presents a written authorization 44 from the person to whom the records pertain; or 45 (d) To others who demonstrate that the public interest in allowing 46 inspection and copying of such records outweighs the public or private 47 interest in maintaining the confidentiality of such records, as determined 48 by a civil court of competent jurisdiction. 49 (10) Records of investigations compiled by the commission on aging involv- 50 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 51 be abused, neglected or exploited.
AS1089|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Darrington Seconded by Sorensen IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1089 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete lines 42 and 43 and insert: 3 "(c) Records of the department of correction or the commission of pardons 4 and parole to the extent that disclosure thereof would". 5 On page 2, in line 3 delete " , or county jail " and delete 6 line 5 and insert: "tion or the commission of pardons and parole if the". Moved by Tippets Seconded by Sali IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1089, AS AMENDED 7 AMENDMENT TO THE BILL 8 On page 1 of the engrossed bill, delete lines 6 through 43, and delete all 9 of pages 2 through 7, and insert: 10 "SECTION 1. That Section 9-340B, Idaho Code, as added by Section 3 of 11 House Bill 93, enacted by the First Regular Session of the Fifty-fifth Idaho 12 Legislature, be, and the same is hereby amended to read as follows: 13 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 14 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 15 exempt from disclosure: 16 (1) Investigatory records of a law enforcement agency, as defined in sec- 17 tion 9-337(5), Idaho Code, under the conditions set forth in section 9-335, 18 Idaho Code. 19 (2) Juvenile records of a person maintained pursuant to chapter 5, title 20 20, Idaho Code, except that facts contained in such records shall be furnished 21 upon request in a manner determined by the court to persons and governmental 22 and private agencies and institutions conducting pertinent research studies or 23 having a legitimate interest in the protection, welfare and treatment of the 24 juvenile who is thirteen (13) years of age or younger. If the juvenile is 25 petitioned or charged with an offense which would be a criminal offense if 26 committed by an adult, the name, offense of which the juvenile was petitioned 27 or charged and disposition of the court shall be subject to disclosure as pro- 28 vided in section 20-525, Idaho Code. Additionally, facts contained in any 29 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 30 be furnished upon request to any school district where the juvenile is 31 enrolled or is seeking enrollment. 32 (3) (a) Records of the department of correction or the com- 33 mission of pardons and parole to the extent that disclosure thereof would 34 interfere with the secure and orderly conduct of their operations, or the 35 rehabilitation of any person in the custody of the department of correc- ]]] 2 1 tion or on parole, or would substantially prejudice or prevent the carry- 2 ing out of the functions of the department of correction or the commission 3 of pardons and parole if the public interest in confidentiality clearly 4 outweighs the public interest in disclosure. Records exempt from disclo- 5 sure shall include, but not be limited to, those containing the names and 6 addresses of witnesses or victims or those containing information identi- 7 fying victims or witnesses. 8 (b) Operation manuals of county jails. "Operation manuals" are 9 those internal documents of any county jail that define the procedures 10 utilized to maintain security within the jail. 11 (4) Voting records of the sexual offender classification board. In accor- 12 dance with section 18-8315, Idaho Code, the written record of the vote to 13 classify an offender as a violent sexual predator by each board member in each 14 case reviewed by that board member shall be exempt from disclosure to the pub- 15 lic and shall be made available upon request only to the governor, the chair- 16 man of the senate judiciary and rules committee, and the chairman of the house 17 of representatives judiciary, rules and administration committee, for all law- 18 ful purposes. 19 (5) Records of the sheriff or department of law enforcement received or 20 maintained pursuant to section 18-3302, Idaho Code, relating to an applicant 21 or licensee. 22 (6) Records of investigations prepared by the department of health and 23 welfare pursuant to its statutory responsibilities dealing with the protection 24 of children, the rehabilitation of youth, adoptions and the commitment of 25 mentally ill persons. 26 (7) Records including, but not limited to, investigative reports, result- 27 ing from investigations conducted into complaints of discrimination made to 28 the Idaho human rights commission unless the public interest in allowing 29 inspection and copying of such records outweighs the legitimate public or pri- 30 vate interest in maintaining confidentiality of such records. A person may 31 inspect and copy documents from an investigative file to which he or she is a 32 named party if such documents are not otherwise prohibited from disclosure by 33 federal law or regulation or state law. The confidentiality of this subsection 34 will no longer apply to any record used in any judicial proceeding brought by 35 a named party to the complaint or investigation, or by the Idaho human rights 36 commission, relating to the complaint of discrimination. 37 (8) Records containing information obtained by the manager of the Idaho 38 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 39 behalf of employers or employees contained in underwriting and claims for ben- 40 efits files. 41 (9) The worker's compensation records of the Idaho industrial commission 42 provided that the industrial commission shall make such records available: 43 (a) To the parties in any worker's compensation claim and to the indus- 44 trial special indemnity fund of the state of Idaho; or 45 (b) To employers and prospective employers subject to the provisions of 46 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 47 limitations, who certify that the information is being requested with 48 respect to a worker to whom the employer has extended an offer of employ- 49 ment and will be used in accordance with the provisions of the Americans 50 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 51 (c) To employers and prospective employers not subject to the provisions 52 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 53 tory limitations, provided the employer presents a written authorization 54 from the person to whom the records pertain; or ]]] 3 1 (d) To others who demonstrate that the public interest in allowing 2 inspection and copying of such records outweighs the public or private 3 interest in maintaining the confidentiality of such records, as determined 4 by a civil court of competent jurisdiction. 5 (10) Records of investigations compiled by the commission on aging involv- 6 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 7 be abused, neglected or exploited.". 8 CORRECTIONS TO TITLE 9 On page 1, in line 2, following "340" insert: "B"; in line 3, following 10 "CODE," insert: "AS ADDED BY SECTION 3 OF HOUSE BILL 93, ENACTED BY THE FIRST 11 REGULAR SESSION OF THE FIFTY-FIFTH IDAHO LEGISLATURE,"; and in line 4, delete 12 "AND TO MAKE A TECHNICAL CORRECTION".
STATEMENT OF PURPOSERS 08741C1
The purpose of this legislation is to add the operating
manuals for county jails to those documents exempted from
public disclosure. This would allow for more orderly and more
secure operations of county jails. "Operations manuals" are
specifically defined in the statute.
FISCAL IMPACT
No fiscal impact.
CONTACT: Idaho Association of Counties Phone: 345-9126Dan Chadwick, Tony Poinelli, Paul Beddoe
Monte MacConnell, Ada County Phone: 377-6708
STATEMENT OF PURPOSE/FISCAL NOTE S1089