1998 Legislation
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HOUSE BILL NO. 440 – Public records, cleanup bill


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H0440........................................................by MR. SPEAKER
                         Requested by: Mr. Speaker
PUBLIC RECORDS - Amends existing law relating to records exempt from
disclosure to provide exemptions from disclosure for certain public records
that were enacted during the 1997 Legislative Session.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to St Aff
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Deal, Denney, Field(13), Gagner, Geddes,
      Gould, Hadley, Hansen, Henbest, Hornbeck, Jones(9), Jones(22),
      Jones(20), Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Marley, McKague, Meyer, Miller, Mortensen,
      Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
      Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
      Tippets, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Ellsworth, Field(20), Jaquet, Judd, Mader,
    Floor Sponsor - Field
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to St Aff
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 33-0-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
      Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Hansen, Riggs
    Floor Sponsor - Hansen
    Title apvd - to House
03/18    To enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 164
         Effective: 07/01/97

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 440

                                      BY MR. SPEAKER

 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 9-340, Idaho Code, be, and  the  same  is  hereby
 7    amended to read as follows:

 8        9-340.  RECORDS  EXEMPT  FROM DISCLOSURE. The following records are exempt
 9    from disclosure:
10        (1)  Exemption under state or federal law or court rule.
11        (a)  Any public record exempt from disclosure by federal or state  law  or
12        federal regulations to the extent specifically provided for by such law or
13        regulation.
14        (b)  Records contained in court files of judicial proceedings, the disclo-
15        sure of which is prohibited by or under rules adopted by the Idaho supreme
16        court,  but only to the extent that confidentiality is provided under such
17        rules, and any drafts or  other  working  memoranda  related  to  judicial
18        decision-making, provided the provisions of this subsection making records
19        exempt  from disclosure shall not apply to the extent that such records or
20        information contained in those records  are  necessary  for  a  background
21        check on an individual that is required by federal law regulating the sale
22        of firearms, guns or ammunition.
23        (2)  Law  enforcement records, investigatory records of agencies, worker's
24    compensation.
25        (a)  Investigatory records of a law enforcement agency, as defined in sec-
26        tion 9-337(5), Idaho Code, under  the  conditions  set  forth  in  section
27        9-335, Idaho Code.
28        (b)  Juvenile  records of a person maintained pursuant to chapter 5, title
29        20, Idaho Code, except that facts contained in such records shall be  fur-
30        nished  upon  request  in  a manner determined by the court to persons and
31        governmental and private agencies and  institutions  conducting  pertinent
32        research  studies  or having a legitimate interest in the protection, wel-
33        fare and treatment of the juvenile  who is thirteen (13) years of age
34        or younger .  If the juvenile is  fourteen (14) years or  older
35        and  is  adjudicated  guilty  of     petitioned or charged with
36          an offense which would be a   felony      criminal
37        offense    if  committed by an adult, the name, offense of which the
38        juvenile was  adjudicated   petitioned or  charged  
39        and  disposition of the court shall be subject to disclosure  as pro-
40        vided in section 20-525, Idaho Code . Additionally, facts  contained
41        in  any  records of a juvenile maintained under chapter 5, title 20, Idaho
42        Code, shall be furnished upon request to any  school  district  where  the
43        juvenile is enrolled or is seeking enrollment.


 1        (c)  Records  of the department of correction or the commission of pardons
 2        and parole to the extent that disclosure thereof would interfere with  the
 3        secure  and  orderly conduct of their operations, or the rehabilitation of
 4        any person in the custody of the  department of correction or  on  parole,
 5        or would substantially prejudice or  prevent the carrying out of the func-
 6        tions  of  the  department  of correction or the commission of pardons and
 7        parole if the public interest in  confidentiality  clearly  outweighs  the
 8        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 or those containing information identifying vic-
11        tims or witnesses.
12        (d)  Records of the sheriff or department of law enforcement  received  or
13        maintained pursuant to section 18-3302, Idaho Code, relating to an  appli-
14        cant or licensee.
15        (e)  Records  of  investigations  prepared by the department of health and
16        welfare pursuant to its statutory responsibilities dealing with  the  pro-
17        tection  of  children, the rehabilitation of youth, adoptions and the com-
18        mitment of mentally ill persons.
19        (f)  Records including, but not limited to, investigative reports, result-
20        ing from investigations conducted into complaints of  discrimination  made
21        to  the Idaho human rights commission unless the public interest in allow-
22        ing inspection and copying of such records outweighs the legitimate public
23        or private interest in maintaining confidentiality of such records. A per-
24        son may inspect and copy documents from an investigative file to which  he
25        or  she  is  a  named party if such documents are not otherwise prohibited
26        from disclosure by federal law or regulation or state law. The confidenti-
27        ality of this subsection will no longer apply to any record  used  in  any
28        judicial  proceeding brought by a named party to the complaint or investi-
29        gation, or by the Idaho human rights commission, relating to the complaint
30        of discrimination.
31        (g)  Records containing information obtained by the manager of  the  Idaho
32        state insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or
33        on  behalf  of employers or employees contained in underwriting and claims
34        for benefits files.
35        (h)  The worker's compensation records of the Idaho industrial  commission
36        provided that the industrial commission shall make such records available:
37             (i)   To  the  parties  in any worker's compensation claim and to the
38             industrial special indemnity fund of the state of Idaho; or
39             (ii)  To employers and prospective employers subject  to  the  provi-
40             sions  of  the  Americans  with disabilities act, 42 U.S.C. 12112, or
41             other statutory limitations, who  certify  that  the  information  is
42             being  requested  with  respect  to a worker to whom the employer has
43             extended an offer of employment and will be used in  accordance  with
44             the  provisions  of  the  Americans  with disabilities act, 42 U.S.C.
45             12112, or other statutory limitations; or
46             (iii) To employers and prospective employers not subject to the  pro-
47             visions  of  the Americans with disabilities act, 42 U.S.C. 12112, or
48             other statutory limitations, provided the employer presents a written
49             authorization from the person to whom the records pertain; or
50             (iv)  To others who demonstrate that the public interest in  allowing
51             inspection  and  copying of such records outweighs the public or pri-
52             vate interest in maintaining the confidentiality of such records,  as
53             determined by a civil court of competent jurisdiction.
54        (3)  Privacy,  personnel  records,  personal  information, health records,
55    professional discipline.


 1        (a)  Except as provided in this subsection, all  personnel  records  of  a
 2        current  or former public official other than the public official's public
 3        service or employment history, classification, pay grade and step, longev-
 4        ity, gross salary and salary  history,  status,  workplace  and  employing
 5        agency.  All  other personnel information relating to a public employee or
 6        applicant including, but not limited to, information regarding sex,  race,
 7        marital  status,  birth  date, home address and telephone number, applica-
 8        tions, testing and scoring materials, grievances, correspondence and  per-
 9        formance  evaluations,  shall  not  be disclosed to the public without the
10        employee's or applicant's written consent. A public official or authorized
11        representative may inspect and copy  his  personnel  records,  except  for
12        material used to screen and test for employment.
13        (b)  Retired employees' and retired public officials' home addresses, home
14        telephone numbers and other financial and nonfinancial membership records;
15        active  and  inactive member financial and membership records and mortgage
16        portfolio loan documents maintained by the public employee retirement sys-
17        tem. Financial statements prepared by  retirement  system  staff,  funding
18        agents  and  custodians  concerning the investment of assets of the public
19        employee retirement system of Idaho are not considered confidential  under
20        this chapter.
21        (c)  Information  and records submitted to the Idaho state lottery for the
22        performance of background investigations of employees, lottery   retailers
23        and  major  procurement  contractors;  audit records of lottery retailers,
24        vendors and major procurement contractors submitted to or performed by the
25        Idaho state lottery; validation and security tests of  the  state  lottery
26        for  lottery games; business records and information submitted pursuant to
27        sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code,  and  such
28        documents  and  information  obtained and held for the purposes of lottery
29        security and investigative action as determined by  lottery  rules  unless
30        the public interest in disclosure substantially outweighs the private need
31        for protection from public disclosure.
32        (d)  Records of a personal nature as follows:
33             (i)   Records of personal debt filed with a public agency pursuant to
34             law;
35             (ii)  Personal  bank  records  compiled by a public depositor for the
36             purpose of public funds transactions conducted pursuant to law;
37             (iii) Records of ownership of financial obligations  and  instruments
38             of a public agency, such as bonds, compiled by the public agency pur-
39             suant to law;
40             (iv)  Records, with regard to the ownership of, or security interests
41             in, registered public obligations;
42             (v)   Vital statistics records;
43             (vi)  Except as provided in this subsection, all information provided
44             to a law enforcement agency for sex offender registration pursuant to
45             the provisions of section 18-8306, Idaho Code:
46                  1.  Such  information  shall  be available upon request to a law
47                  enforcement agency; and
48                  2.  The information provided pursuant to the provisions of  sub-
49                  sections  (1)  and  (3) of section 18-8306, Idaho Code, shall be
50                  provided to  any person upon written    request.   Such  written
51                  request  shall  include  the  name  and  either date of birth or
52                  address of the person for whom the information is requested.
53        (e)  Information in an income or other tax return  measured  by  items  of
54        income  or  sales, which is gathered by a public agency for the purpose of
55        administering the tax, except such information to the extent disclosed  in


 1        a written decision of the tax commission pursuant to a taxpayer protest of
 2        a  deficiency determination by the tax commission, under the provisions of
 3        section 63-3045B, Idaho Code.
 4        (f)  Records of a personal nature related directly or  indirectly  to  the
 5        application  for  and  provision of statutory services rendered to persons
 6        applying for public care for the elderly, indigent, or mentally or  physi-
 7        cally handicapped, or participation in an environmental or a public health
 8        study,  provided  the  provisions of this subsection making records exempt
 9        from disclosure shall not apply to the extent that such records or  infor-
10        mation  contained in those records are necessary for a background check on
11        an individual that is required by federal law regulating the sale of fire-
12        arms, guns or ammunition.
13        (g)  Employment security information and  unemployment  insurance  benefit
14        information,  except  that  all  interested parties may agree to waive the
15        exemption.
16        (h)  Any personal records, other than names, business addresses and  busi-
17        ness  phone  numbers,  such  as  parentage,  race,  religion, sex, height,
18        weight, tax identification and social security numbers, financial worth or
19        medical condition submitted to any public agency pursuant to  a  statutory
20        requirement for licensing, certification, permit or bonding.
21        (i)  Unless  otherwise  provided  by  agency rule, information obtained as
22        part of an inquiry into a person's fitness  to  be  granted  or  retain  a
23        license,  certificate,  permit, privilege, commission or position, private
24        association peer review committee records authorized in  title  54,  Idaho
25        Code.  Any agency which has records  exempt from disclosure under the pro-
26        visions  of  this  subsection  shall annually make available a statistical
27        summary of the number and types of matters considered and  their  disposi-
28        tion.
29        (j)  The  records,  finding, determinations and decision of any prelitiga-
30        tion screening panel formed under chapter 10, title 6, Idaho Code.
31        (k)  Board of professional discipline reprimands  by  informal  admonition
32        pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
33        (l)  Records  of  the  department of health and welfare or a public health
34        district that identifies a person infected with a reportable disease.
35        (m)  Records of hospital care, medical  records,  records  of  psychiatric
36        care  or  treatment  and  professional  counseling  records relating to an
37        individual's condition, diagnosis, care or treatment, provided the  provi-
38        sions  of  this subsection making records exempt from disclosure shall not
39        apply to the extent that such records or information  contained  in  those
40        records  are  necessary  for  a  background check on an individual that is
41        required by federal law regulating the sale of firearms, guns  or  ammuni-
42        tion.
43          (n)  Information  collected  pursuant to the directory of new hires
44        act, chapter 16, title 72, Idaho Code. 
45         (o)  Personal information contained  in  motor  vehicle  and  driver
46        records that are exempt from disclosure under the provisions of chapter 2,
47        title 49, Idaho Code. 
48          (p)  Records  of the financial status of prisoners pursuant to sub-
49        section (2) of section 20-607, Idaho Code.
50        (q)  Records of the department of law enforcement or department of correc-
51        tion received or maintained  pursuant  to  section  19-5514,  Idaho  Code,
52        relating to DNA databases and databanks. 
53        (4)  Trade  secrets,  production  records,  appraisals,  bids, proprietary
54    information.
55        (a)  Trade secrets including those contained in response to public  agency


 1        requests  for  proposal, requests for clarification, requests for informa-
 2        tion and similar requests. "Trade secrets" as used in this  section  means
 3        information,    including  a formula,  pattern, compilation, program, com-
 4        puter program, device, method, technique,  process, or unpublished  or  in
 5        progress research that:
 6             (i)   Derives  independent  economic value, actual or potential, from
 7             not being generally known to, and not being readily ascertainable  by
 8             proper  means by other persons who can obtain economic value from its
 9             disclosure or use; and
10             (ii)  Is the subject of efforts that are reasonable under the circum-
11             stances to maintain its secrecy.
12        (b)  Production records, sale or purchase records, catch records, mortgage
13        portfolio loan documents, or similar business records of a  private   con-
14        cern  or  enterprise  required by law to be submitted to or inspected by a
15        public agency. Nothing  in this subsection shall limit the use  which  can
16        be  made  of such information for regulatory purposes or its admissibility
17        in any enforcement proceeding.
18        (c)  Records relating to the appraisal of real property, timber or mineral
19        rights prior to its acquisition, sale or lease by a public agency.
20        (d)  Any estimate prepared by a public agency that details the cost  of  a
21        public  project  until  such time as disclosed or bids are opened, or upon
22        award of the contract for construction of the public project.
23        (e)  Examination, operating or condition reports and all documents  relat-
24        ing  thereto, prepared by or supplied to any public agency responsible for
25        the regulation or supervision of financial institutions including, but not
26        limited to, banks, savings and loan associations, regulated lenders, busi-
27        ness and industrial development corporations, credit unions, and insurance
28        companies, or for the regulation or supervision of the issuance of securi-
29        ties.
30        (f)  Records gathered by a local agency or the Idaho  department  of  com-
31        merce,  as described in chapter 47, title 67, Idaho Code, for the specific
32        purpose of assisting a person to locate, maintain, invest  in,  or  expand
33        business operations in the state of Idaho.
34        (g)  Shipping and marketing records of commodity commissions used to eval-
35        uate  marketing  and advertising strategies and the names and addresses of
36        growers and shippers maintained by commodity commissions.
37        (h)  Financial statements and business information and  reports  submitted
38        by a legal entity to a port district organized under title 70, Idaho Code,
39        in connection with a business agreement, or with a development proposal or
40        with  a  financing application for any industrial, manufacturing, or other
41        business activity within a port district.
42        (i)  Names and addresses of seed companies, seed crop growers,  seed  crop
43        consignees,  locations  of  seed  crop fields, variety name and acreage by
44        variety. Upon the request of the owner of the  proprietary  variety,  this
45        information  shall  be released to the owner. Provided, however, that if a
46        seed crop has been identified as diseased or has been otherwise identified
47        by the Idaho department of agriculture, other state departments  of  agri-
48        culture,  or  the  United  States department of agriculture to represent a
49        threat to that particular seed or commercial crop industry or to  individ-
50        ual  growers,  information  as to test results, location, acreage involved
51        and disease symptoms of that particular seed crop, for that  growing  sea-
52        son,  shall be available for public inspection and copying. This exemption
53        shall not supersede the provisions of section 22-436, Idaho Code.
54        (j)  Information obtained from books, records, and  accounts  required  in
55        chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and


 1        rapeseed  commission   and pertaining to the individual production records
 2        of canola or rapeseed  growers.
 3        (k)  Records of any risk retention or self-insurance program  prepared  in
 4        anticipation  of  litigation or for analysis of or settlement of potential
 5        or actual money damage claims against a public entity and its employees or
 6        against  the  industrial  special  indemnity  fund  except  as   otherwise
 7        discoverable  under  the  Idaho or federal rules of civil procedure. These
 8        records shall include, but are not limited to, claims evaluations,  inves-
 9        tigatory  records, computerized reports of losses, case reserves, internal
10        documents and correspondence relating thereto. At the time  any  claim  is
11        concluded,  only  statistical  data  and actual amounts paid in settlement
12        shall be deemed a public record unless otherwise ordered to be sealed by a
13        court of competent jurisdiction. Provided however, nothing in this subsec-
14        tion is intended to limit the attorney client privilege or  attorney  work
15        product privilege otherwise  available to any public agency.
16        (l)  Records  of  laboratory  test  results provided by or retained by the
17         department  of agriculture's   Idaho food   quality
18        assurance  laboratory.   Nothing  in  this  subsection shall limit the use
19        which  can be made, or availability of such information if used, for regu-
20        latory purposes or its admissibility in any enforcement proceeding.
21        (m)  Reports required to be filed under chapter 13, title 62, Idaho  Code,
22        identifying electrical or natural or manufactured gas consumption data for
23        an individual customer or account.
24        (n)  Voluntarily  prepared environmental audits, and voluntary disclosures
25        of information submitted  on or before December 31, 1997,    to
26        an environmental agency as defined in section 9-803, Idaho Code, which are
27        claimed to be confidential business information.
28        (o)  Computer  programs developed or purchased by or for any public agency
29        for its own use. As used in this subsection, "computer  program"  means  a
30        series  of  instructions  or  statements which permit the functioning of a
31        computer system in a manner designed to  provide  storage,  retrieval  and
32        manipulation of data from the computer system, and any associated documen-
33        tation  and  source material that explain how to operate the computer pro-
34        gram. Computer program does not include:
35             (i)   The original data including, but not limited to, numbers, text,
36             voice, graphics and images;
37             (ii)  Analysis, compilation and other manipulated forms of the origi-
38             nal data produced by use of the program; or
39             (iii) The mathematical or statistical formulas that would be used  if
40             the  manipulated forms of the original data were to be produced manu-
41             ally.
42        (5)  Archaeological,  endangered  species,  libraries,  legislative,  test
43    keys, miscellaneous exemptions.
44        (a)  Records, maps or other records identifying the location  of  archaeo-
45        logical  or  geophysical sites or endangered species, if not already known
46        to the general public.
47        (b)  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        (c)  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        (d)  The  material of a library, museum or archive which has been contrib-
54        uted  by a private person, to the extent of any limitation that is a  con-
55        dition of the contribution.


 1        (e)  Test  questions,  scoring  keys,  and other data used to administer a
 2        licensing examination, employment, academic or other examination or  test-
 3        ing  procedure before the examination is given if the examination is to be
 4        used again. Records establishing procedures for  and  instructing  persons
 5        administering,  grading  or evaluating an examination or testing procedure
 6        are included in this exemption, to the extent that disclosure would create
 7        a risk that the result might be affected.
 8        (f)  Records consisting of draft legislation  and  documents  specifically
 9        related  to  such  draft legislation or research requests submitted to the
10        legislative services office by a member of the Idaho legislature  for  the
11        purpose  of placing such draft legislation into a form suitable for intro-
12        duction as official proposed legislation of the legislature of  the  state
13        of  Idaho,  unless the individual legislator having submitted or requested
14        such records or research agrees to waive the provisions of confidentiality
15        provided by this  subsection.
16        (g)  All papers, physical and electronic  records  and  correspondence  or
17        other supporting materials comprising the work papers in the possession of
18        the legislative services office or the director of legislative performance
19        evaluations  prior  to  release  of  the related final audit and all other
20        records or materials in the possession of the legislative services  office
21        or  the director of legislative performance evaluations that would  other-
22        wise be confidential or exempt from disclosure.
23        (h)  Records that identify the method by which the Idaho state   tax  com-
24        mission selects tax returns for audit review.

25        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
26    declared to exist, this act shall be in full force and effect on and after its
27    passage and approval, and retroactively to July 1, 1997.

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE
                                 RS 07282
    The purpose of this piece of legislation is to codify exemptions to disclosure in the Public Records Act 
    that passed in previous legislative sessions but were not codified because of a bill that repealed and 
    reenacted Section 9-340, Idaho Code. There are no substantive changes other than those exemptions 
    from disclosure that were passed by the Legislature and signed by the Governor.
    No fiscal impact.
        Speaker Mike Simpson
    H 440