1998 Legislation
Print Friendly

HOUSE BILL NO. 575 – Prisons/jails, manuals not disclose


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0575..............................................................by CLARK
PRISONS - JAILS - Amends existing law to extend an exemption from the
Public Records Act to operations manuals of correctional facilities and to
include county jails within the exemption from release of certain records.

02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to St Aff

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 575

                                         BY CLARK

 1                                        AN ACT

 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 
43        the  commission  of pardons and parole , or the county jail  to


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


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


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


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


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


 1        related to such draft legislation or research requests  submitted  to  the
 2        legislative  services  office by a member of the Idaho legislature for the
 3        purpose of placing such draft legislation into a form suitable for  intro-
 4        duction  as  official proposed legislation of the legislature of the state
 5        of Idaho, unless the individual legislator having submitted  or  requested
 6        such records or research agrees to waive the provisions of confidentiality
 7        provided by this  subsection.
 8        (g)  All  papers,  physical  and  electronic records and correspondence or
 9        other supporting materials comprising the work papers in the possession of
10        the legislative services office or the director of legislative performance
11        evaluations prior to release of the related  final  audit  and  all  other
12        records  or materials in the possession of the legislative services office
13        or the director of legislative performance evaluations that would   other-
14        wise be confidential or exempt from disclosure.
15        (h)  Records  that  identify the method by which the Idaho state  tax com-
16        mission selects tax returns for audit review.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
                               RS 07695
    This proposed legislation would add the operating manuals 
    for the Department of Corrections and county jails to 
    those documents exempted from public disclosure. This 
    would allow for more orderly and more secure operations of 
    prisons and jails.
                              FISCAL NOTE
    No fiscal impact.
    CONTACT: Rep. Jim Clark
    Bill No. H 575