1998 Legislation
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HOUSE BILL NO. 511 – Records, Petroleum Clean Water Fund


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Daily Data Tracking History

H0511......................................................by STATE AFFAIRS
PETROLEUM CLEAN WATER TRUST FUND - RECORDS - Amends existing law to provide
an exemption from the Public Records Act for certain records of the Idaho
Petroleum Clean Water Trust Fund.

01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to St Aff
02/06    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 65-1-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
      Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kempton, Kendell,
      Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
      Meyer, Miller, Mortensen, Newcomb, Pischner, Reynolds, Richman,
      Ridinger, Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor,
      Tilman, Tippets, Watson, Wheeler, Zimmermann, Mr Speaker
      NAYS -- Stoicheff
      Absent and excused -- Kellogg, Pomeroy, Trail, Wood
    Floor Sponsor - Kunz
    Title apvd - to Senate
02/12    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 - Darrington
    Title apvd - to House
03/18    To enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed - to Governor
03/24    Governor signed
         Session Law Chapter 293
         Effective: 01/01/97

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 511

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 5        CATION.

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

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

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


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


 1        ity,  gross  salary  and  salary  history, status, workplace and employing
 2        agency. All other personnel information relating to a public  employee  or
 3        applicant  including, but not limited to, information regarding sex, race,
 4        marital status, birth date, home address and  telephone  number,  applica-
 5        tions,  testing and scoring materials, grievances, correspondence and per-
 6        formance evaluations, shall not be disclosed to  the  public  without  the
 7        employee's or applicant's written consent. A public official or authorized
 8        representative  may  inspect  and  copy his personnel records,  except for
 9        material used to screen and test for employment.
10        (b)  Retired employees' and retired public officials' home addresses, home
11        telephone numbers and other financial and nonfinancial membership records;
12        active and inactive member financial and membership records  and  mortgage
13        portfolio loan documents maintained by the public employee retirement sys-
14        tem.  Financial  statements  prepared  by retirement system staff, funding
15        agents and custodians concerning the investment of assets  of  the  public
16        employee  retirement system of Idaho are not considered confidential under
17        this chapter.
18        (c)  Information and records submitted to the Idaho state lottery for  the
19        performance  of background investigations of employees, lottery  retailers
20        and major procurement contractors; audit  records  of  lottery  retailers,
21        vendors and major procurement contractors submitted to or performed by the
22        Idaho  state  lottery;  validation and security tests of the state lottery
23        for lottery games; business records and information submitted pursuant  to
24        sections  67-7412(8)  and (9) and 67-7421(8) and (9), Idaho Code, and such
25        documents and information obtained and held for the  purposes  of  lottery
26        security  and  investigative  action as determined by lottery rules unless
27        the public interest in disclosure substantially outweighs the private need
28        for protection from public disclosure.
29        (d)  Records of a personal nature as follows:
30             (i)   Records of personal debt filed with a public agency pursuant to
31             law;
32             (ii)  Personal bank records compiled by a public  depositor  for  the
33             purpose of public funds transactions conducted pursuant to law;
34             (iii) Records  of  ownership of financial obligations and instruments
35             of a public agency, such as bonds, compiled by the public agency pur-
36             suant to law;
37             (iv)  Records, with regard to the ownership of, or security interests
38             in, registered public obligations;
39             (v)   Vital statistics records;
40             (vi)  Except as provided in this subsection, all information provided
41             to a law enforcement agency for sex offender registration pursuant to
42             the provisions of section 18-8306, Idaho Code:
43                  1.  Such information shall be available upon request  to  a  law
44                  enforcement agency; and
45                  2.  The  information provided pursuant to the provisions of sub-
46                  sections (1) and (3) of section 18-8306, Idaho  Code,  shall  be
47                  provided  to   any  person  upon  written  request. Such written
48                  request shall include the name  and  either  date  of  birth  or
49                  address of the person for whom the information is requested.
50        (e)  Information  in  an  income  or other tax return measured by items of
51        income or sales, which is gathered by a public agency for the  purpose  of
52        administering  the tax, except such information to the extent disclosed in
53        a written decision of the tax commission pursuant to a taxpayer protest of
54        a deficiency determination by the tax commission, under the provisions  of
55        section 63-3045B, Idaho Code.


 1        (f)  Records  of  a  personal nature related directly or indirectly to the
 2        application for and provision of statutory services  rendered  to  persons
 3        applying  for public care for the elderly, indigent, or mentally or physi-
 4        cally handicapped, or participation in an environmental or a public health
 5        study, provided the provisions of this subsection  making  records  exempt
 6        from  disclosure shall not apply to the extent that such records or infor-
 7        mation contained in those records are necessary for a background check  on
 8        an individual that is required by federal law regulating the sale of fire-
 9        arms, guns or ammunition.
10        (g)  Employment security information and  unemployment  insurance  benefit
11        information,  except  that  all  interested parties may agree to waive the
12        exemption.
13        (h)  Any personal records, other than names, business addresses and  busi-
14        ness  phone  numbers,  such  as  parentage,  race,  religion, sex, height,
15        weight, tax identification and social security numbers, financial worth or
16        medical condition submitted to any public agency pursuant to  a  statutory
17        requirement for licensing, certification, permit or bonding.
18        (i)  Unless  otherwise  provided  by  agency rule, information obtained as
19        part of an inquiry into a person's fitness  to  be  granted  or  retain  a
20        license,  certificate,  permit, privilege, commission or position, private
21        association peer review committee records authorized in  title  54,  Idaho
22        Code. Any agency which has records exempt from disclosure under the provi-
23        sions  of this subsection shall annually make available a statistical sum-
24        mary of the number and types of matters considered and their disposition.
25        (j)  The records, finding, determinations and decision of  any  prelitiga-
26        tion screening panel formed under chapter 10, title 6, Idaho Code.
27        (k)  Board  of  professional  discipline reprimands by informal admonition
28        pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
29        (l)  Records of the department of health and welfare or  a  public  health
30        district that identifies a person infected with a reportable disease.
31        (m)  Records  of  hospital  care,  medical records, records of psychiatric
32        care or treatment and  professional  counseling  records  relating  to  an
33        individual's  condition, diagnosis, care or treatment, provided the provi-
34        sions of this subsection making records exempt from disclosure  shall  not
35        apply  to  the  extent that such records or information contained in those
36        records are necessary for a background check  on  an  individual  that  is
37        required  by  federal law regulating the sale of firearms, guns or ammuni-
38        tion.
39        (4)  Trade secrets,  production  records,  appraisals,  bids,  proprietary
40    information.
41        (a)  Trade  secrets including those contained in response to public agency
42        requests for proposal, requests for clarification, requests  for  informa-
43        tion  and  similar requests. "Trade secrets" as used in this section means
44        information, including a formula, pattern, compilation, program,  computer
45        program, device, method, technique, process, or unpublished or in progress
46        research that:
47             (i)   Derives  independent  economic value, actual or potential, from
48             not being generally known to, and not being readily ascertainable  by
49             proper  means by other persons who can obtain economic value from its
50             disclosure or use; and
51             (ii)  Is the subject of efforts that are reasonable under the circum-
52             stances to maintain its secrecy.
53        (b)  Production records, sale or purchase records, catch records, mortgage
54        portfolio loan documents, or similar business records of a  private   con-
55        cern  or  enterprise  required by law to be submitted to or inspected by a


 1        public agency. Nothing  in this subsection shall limit the use  which  can
 2        be  made  of such information for regulatory purposes or its admissibility
 3        in any enforcement proceeding.
 4        (c)  Records relating to the appraisal of real property, timber or mineral
 5        rights prior to its acquisition, sale or lease by a public agency.
 6        (d)  Any estimate prepared by a public agency that details the cost  of  a
 7        public    project until such time as disclosed or bids are opened, or upon
 8        award of the contract for construction of the public project.
 9        (e)  Examination, operating or condition reports and all documents  relat-
10        ing  thereto, prepared by or supplied to any public agency responsible for
11        the regulation or supervision of financial institutions including, but not
12        limited to, banks, savings and loan associations, regulated lenders, busi-
13        ness and industrial development corporations, credit unions, and insurance
14        companies, or for the regulation or supervision of the issuance of securi-
15        ties.
16        (f)  Records gathered by a local agency or the Idaho  department  of  com-
17        merce,  as described in chapter 47, title 67, Idaho Code, for the specific
18        purpose of assisting a person to locate, maintain, invest  in,  or  expand
19        business operations in the state of Idaho.
20        (g)  Shipping and marketing records of commodity commissions used to eval-
21        uate  marketing  and advertising strategies and the names and addresses of
22        growers and shippers maintained by commodity commissions.
23        (h)  Financial statements and business information and  reports  submitted
24        by a legal entity to a port district organized under title 70, Idaho Code,
25        in connection with a business agreement, or with a development proposal or
26        with  a  financing application for any industrial, manufacturing, or other
27        business activity within a port district.
28        (i)  Names and addresses of seed companies, seed crop growers,  seed  crop
29        consignees,  locations  of  seed  crop fields, variety name and acreage by
30        variety. Upon the request of the owner of the  proprietary  variety,  this
31        information  shall  be released to the owner. Provided, however, that if a
32        seed crop has been identified as diseased or has been otherwise identified
33        by the Idaho department of agriculture, other state departments  of  agri-
34        culture,  or  the  United  States department of agriculture to represent a
35        threat to that particular seed or commercial crop industry or to  individ-
36        ual  growers,  information  as to test results, location, acreage involved
37        and disease symptoms of that particular seed crop, for that  growing  sea-
38        son,  shall be available for public inspection and copying. This exemption
39        shall not supersede the provisions of section 22-436, Idaho Code.
40        (j)  Information obtained from books, records, and  accounts  required  in
41        chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
42        rapeseed commission and pertaining to the individual production records of
43        canola or rapeseed growers.
44        (k)  Records  of  any risk retention or self-insurance program prepared in
45        anticipation of litigation or for analysis of or settlement  of  potential
46        or actual money damage claims against a public entity and its employees or
47        against   the  industrial  special  indemnity  fund  except  as  otherwise
48        discoverable under the Idaho or federal rules of  civil  procedure.  These
49        records  shall include, but are not limited to, claims evaluations, inves-
50        tigatory records, computerized reports of losses, case reserves,  internal
51        documents  and  correspondence  relating thereto. At the time any claim is
52        concluded, only statistical data and actual  amounts  paid  in  settlement
53        shall be deemed a public record unless otherwise ordered to be sealed by a
54        court of competent jurisdiction. Provided however, nothing in this subsec-
55        tion  is  intended to limit the attorney client privilege or attorney work


 1        product privilege otherwise  available to any public agency.
 2        (l)  Records of laboratory test results provided by  or  retained  by  the
 3        department of agriculture's quality assurance laboratory.  Nothing in this
 4        subsection  shall limit the use which can be made, or availability of such
 5        information if used, for regulatory  purposes or its admissibility in  any
 6        enforcement proceeding.
 7        (m)  Reports  required to be filed under chapter 13, title 62, Idaho Code,
 8        identifying electrical or natural or manufactured gas consumption data for
 9        an individual customer or account.
10        (n)  Voluntarily prepared environmental audits, and voluntary  disclosures
11        of  information submitted to an environmental agency as defined in section
12        9-803, Idaho Code, which are claimed to be confidential business  informa-
13        tion.
14        (o)  Computer  programs developed or purchased by or for any public agency
15        for its own use. As used in this subsection, "computer  program"  means  a
16        series  of  instructions  or  statements which permit the functioning of a
17        computer system in a manner designed to  provide  storage,  retrieval  and
18        manipulation of data from the computer system, and any associated documen-
19        tation  and  source material that explain how to operate the computer pro-
20        gram. Computer program does not include:
21             (i)   The original data including, but not limited to, numbers, text,
22             voice, graphics and images;
23             (ii)  Analysis, compilation and other manipulated forms of the origi-
24             nal data produced by use of the program; or
25             (iii) The mathematical or statistical formulas that would be used  if
26             the  manipulated forms of the original data were to be produced manu-
27             ally.
28        (5)  Archaeological,  endangered  species,  libraries,  legislative,  test
29    keys, miscellaneous exemptions.
30        (a)  Records, maps or other records identifying the location  of  archaeo-
31        logical  or  geophysical sites or endangered species, if not already known
32        to the general public.
33        (b)  Archaeological and geologic records concerning exploratory  drilling,
34        logging, mining and other excavation, when such records are required to be
35        filed by statute for the time provided by statute.
36        (c)  The records of a library which, when examined alone, or when examined
37        with other public records, would reveal the identity of the library patron
38        checking out, requesting, or using an item from a library.
39        (d)  The  material of a library, museum or archive which has been contrib-
40        uted by a private person, to the extent of any limitation that is a condi-
41        tion of the contribution.
42        (e)  Test questions, scoring keys, and other data  used  to  administer  a
43        licensing  examination, employment, academic or other examination or test-
44        ing procedure before the examination is given if the examination is to  be
45        used  again.  Records  establishing procedures for and instructing persons
46        administering, grading or evaluating an examination or  testing  procedure
47        are included in this exemption, to the extent that disclosure would create
48        a risk that the result might be affected.
49        (f)  Records  consisting  of  draft legislation and documents specifically
50        related to such draft legislation or research requests  submitted  to  the
51        legislative  services  office by a member of the Idaho legislature for the
52        purpose of placing such draft legislation into a form suitable for  intro-
53        duction  as  official proposed legislation of the legislature of the state
54        of Idaho, unless the individual legislator having submitted  or  requested
55        such records or research agrees to waive the provisions of confidentiality


 1        provided by this  subsection.
 2        (g)  All  papers,  physical  and  electronic records and correspondence or
 3        other supporting materials comprising the work papers in the possession of
 4        the legislative services office or the director of legislative performance
 5        evaluations prior to release of the related  final  audit  and  all  other
 6        records  or materials in the possession of the legislative services office
 7        or the director of legislative performance evaluations that would   other-
 8        wise be confidential or exempt from disclosure.
 9        (h)  Records  that  identify the method by which the Idaho state  tax com-
10        mission selects tax returns for audit review.
11         (i)  Underwriting and claims records of the  Idaho  petroleum  clean
12        water  trust fund obtained pursuant to section 41-4904, 41-4908, 41-4910A,
13        41-4911 or 41-4911A, Idaho Code. Provided however,  that  this  subsection
14        shall  not  prevent the Idaho petroleum clean water trust fund's submittal
15        to the Idaho department of health and welfare, division  of  environmental
16        quality,  or other regulatory agencies of information necessary to satisfy
17        an insured's corrective action requirement  under  applicable  federal  or
18        state  standards  in  the  event  of a release into the environment from a
19        petroleum storage tank; and provided further that nothing in this  subsec-
20        tion shall prevent the Idaho petroleum clean water trust fund from provid-
21        ing auditing, reporting, or actuarial information as otherwise required of
22        it  pursuant  to  section  41-4918,  41-4924A,  41-4931, 41-4933, 41-4935,
23        41-4940 or 41-4941, Idaho Code. 

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

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE
                                 RS 07629
    The purpose of this legislation is to provide that petroleum storage 
    tank liability insurance underwriting and claims records of the 
    petroleum clean water trust fund are exempt from disclosure under 
    the state public records law. This amendment is necessary to afford 
    the same confidential protection to insured's information contained 
    in the underwriting and claims records of the Idaho petroleum clean 
    water trust fund as is granted the State Insurance Fund (which 
    manages the Idaho Petroleum Clean Water Trust Fund) and is afforded 
    to insured's records in the private sector. This amendment is 
    consistent with the previously expressed legislative intent that the 
    Idaho Petroleum Clean Water Trust Fund have the power and privileges 
    of a nonprofit insurance organization regulated by the State 
    Department of Insurance. This amendment preserves the ability to 
    provide necessary auditing, reporting and actuarial information by 
    the Idaho Petroleum Clean Water Trust Fund to the state Department 
    of Insurance or other government or regulatory examiners.
                                FISCAL NOTE
    No fiscal impact. No additional funds will be required by the 
    Idaho Petroleum Clean Water Trust Fund to implement this 
    Contact: Vicki Patterson
             Idaho Petroleum Marketers Association
             345-5200 or 343-6444
    Bill No. H511