1998 Legislation
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HOUSE BILL NO. 628 – Public officials/schedule/confidntl


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H0628......................................................by STATE AFFAIRS
PUBLIC OFFICIALS - SCHEDULES - Amends existing law to provide that any
schedule, list or calendar of pending or future events, engagements,
commitments or appointments maintained in any medium or format by a public
official shall be exempt from disclosure under the Public Records Act.

02/06    House intro - 1st rdg - to printing
02/09    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. 628

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

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

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

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


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


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


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


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


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


 1        duction  as  official proposed legislation of the legislature of the state
 2        of Idaho, unless the individual legislator having submitted  or  requested
 3        such records or research agrees to waive the provisions of confidentiality
 4        provided by this  subsection.
 5        (g)  All  papers,  physical  and  electronic records and correspondence or
 6        other  supporting materials comprising the work papers in  the  possession
 7        of  the legislative services office or the director of legislative perfor-
 8        mance evaluations prior to release of the  related  final  audit  and  all
 9        other  records  or materials in the possession of the legislative services
10        office or the director of legislative performance evaluations  that  would
11        otherwise be confidential or exempt from disclosure.
12        (h)  Records  that  identify the method by which the Idaho state  tax com-
13        mission selects tax returns for audit review.
14         (i)  Any schedule, list or calendar of  pending  or  future  events,
15        engagements,  commitments  or  appointments  maintained  in  any medium or
16        format by a public official. 

17        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
18    declared to exist, this act shall be in full force and effect on and after its
19    passage and approval.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
    This bill would add the appointment calendars of public 
    officials, regardless of the medium or format in which 
    they are maintained, to the list of records exempt from 
    disclosure. It is intended to protect both the privacy 
    and personal security of public officials. The bill also 
    makes a technical correction and declares an emergency.
                           FI S CAL IMPACT
    Name: Representative Paul 
    Phone: 332-1000
    Statement of Purpose/Fiscal 
    H 628