1998 Legislation
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SENATE BILL NO. 1359 – Potato Comm, records, not disclosed


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S1359......................................................by STATE AFFAIRS
POTATO COMMISSION - Amends existing law to provide that investigative
records, trademarks, usage audits and purchase and sales information
submitted to the Idaho Potato Commission are exempt from disclosure under
certain circumstances, to provide application and to provide that some
deliberations of the Idaho Potato Commission may not be open to the public
under the state's Open Meeting Law.

01/29    Senate intro - 1st rdg - to printing
01/30    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 - 31-4-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Deide, Frasure, Geddes, Hansen, Ingram, Ipsen,
      Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
      NAYS--Crow, Dunklin, Hawkins, Whitworth
      Absent and excused--None
    Floor Sponsor - Sandy
    Title apvd - to House
02/11    House intro - 1st rdg - to St Aff
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 65-4-1
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Clark,
      Crane, Crow, Cuddy, Deal, Denney, Field(13), Field(20), Gagner,
      Geddes, Gould, Hadley, Hansen, Hornbeck, Jaquet, Jones(9), Jones(22),
      Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, McKague, Meyer, Miller, Mortensen,
      Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
      Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman, Tippets,
      Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Chase, Henbest, Marley, Stoicheff
      Absent and excused -- Ellsworth
    Floor Sponsor - Stevenson
    Title apvd - to Senate
03/03    To enrol
03/04    Rpt enrol - Pres signed
03/05    Sp signed
03/06    To Governor
03/11    Governor VETOED

Bill Text


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1359

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

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

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

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


 1        ment.
 2        (c)  Records  of the department of correction or the commission of pardons
 3        and parole to the extent that disclosure thereof would interfere with  the
 4        secure  and  orderly conduct of their operations, or the rehabilitation of
 5        any person in the custody of the department of correction or on parole, or
 6        would substantially prejudice or prevent the carrying out of the functions
 7        of the department of correction or the commission of pardons and parole if
 8        the public interest in confidentiality clearly outweighs the public inter-
 9        est in  disclosure. Records exempt from disclosure shall include, but  not
10        be  limited  to,  those containing the names and addresses of witnesses or
11        victims or those containing information identifying victims 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
 8        health  study,  provided  the provisions of this subsection making records
 9        exempt from disclosure shall not apply to the extent that such records  or
10        information  contained  in  those  records  are necessary for a background
11        check on an individual that is required by federal law regulating the sale
12        of firearms, 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 provi-
26        sions  of this subsection shall annually make available a statistical sum-
27        mary of the number and types of matters considered and their disposition.
28        (j)  The records, finding, determinations and decision of  any  prelitiga-
29        tion screening panel formed under chapter 10, title 6, Idaho Code.
30        (k)  Board  of  professional  discipline reprimands by informal admonition
31        pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
32        (l)  Records of the department of health and welfare or  a  public  health
33        district  that    identifies      identify  a person
34        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        (4)  Trade  secrets,  production  records,  appraisals,  bids, proprietary
44    information.
45        (a)  Trade secrets including those contained in response to public  agency
46        requests  for  proposal, requests for clarification, requests for informa-
47        tion and similar requests. "Trade secrets" as used in this  section  means
48        information,    including  a  formula, pattern, compilation, program, com-
49        puter program, device, method, technique, process, or  unpublished  or  in
50        progress research that:
51             (i)   Derives  independent  economic value, actual or potential, from
52             not being generally known to, and not being readily ascertainable  by
53             proper  means by other persons who can obtain economic value from its
54             disclosure or use; and
55             (ii)  Is the subject of efforts that are reasonable under the circum-


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


 1        concluded, only statistical data and actual  amounts  paid  in  settlement
 2        shall be deemed a public record unless otherwise ordered to be sealed by a
 3        court of competent jurisdiction. Provided however, nothing in this subsec-
 4        tion  is  intended to limit the attorney client privilege or attorney work
 5        product privilege otherwise  available to any public agency.
 6        (l)  Records of laboratory test results provided by  or  retained  by  the
 7        department of agriculture's quality assurance laboratory.  Nothing in this
 8        subsection  shall limit the use which can be made, or availability of such
 9        information if used, for regulatory purposes or its admissibility  in  any
10        enforcement proceeding.
11        (m)  Reports  required to be filed under chapter 13, title 62, Idaho Code,
12        identifying electrical or natural or manufactured gas consumption data for
13        an individual customer or account.
14        (n)  Voluntarily prepared environmental audits, and voluntary  disclosures
15        of  information submitted to an environmental agency as defined in section
16        9-803, Idaho Code, which are claimed to be confidential business  informa-
17        tion.
18        (o)  Computer  programs developed or purchased by or for any public agency
19        for its own use. As used in this subsection, "computer  program"  means  a
20        series  of  instructions  or  statements which permit the functioning of a
21        computer system in a manner designed to  provide  storage,  retrieval  and
22        manipulation of data from the computer system, and any associated documen-
23        tation  and  source material that explain how to operate the computer pro-
24        gram. Computer program does not include:
25             (i)   The original data including, but not limited to, numbers, text,
26             voice, graphics and images;
27             (ii)  Analysis, compilation and other manipulated forms of the origi-
28             nal data produced by use of the program; or
29             (iii) The mathematical or statistical formulas that would be used  if
30             the  manipulated forms of the original data were to be produced manu-
31             ally.
32         (p)  Investigative records and trademark  usage audits of the  Idaho
33        potato  commission  relating  to  the enforcement of chapter 12, title 22,
34        Idaho Code, until the commencement of formal proceedings  as  provided  by
35        rules  of  the commission; purchase and sales information submitted to the
36        Idaho potato commission during a trademark usage audit,  investigation  or
37        enforcement  proceeding; and drafts of working memoranda related to admin-
38        istrative decision-making when the commission is deliberating in  a  judi-
39        cial capacity. Nothing in this subsection shall limit the use which can be
40        made, or availability of such information if used, for regulatory purposes
41        or its admissibility in any enforcement proceeding. 
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 condi-
55        tion 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.  That  Section 67-2342, Idaho Code, be, and the same is hereby
26    amended to read as follows:

28    Except  as provided below, all meetings of a governing body of a public agency
29    shall be open to the public and all persons shall be permitted to  attend  any
30    meeting  except as otherwise provided by this act. No decision at a meeting of
31    a governing body of a public agency shall be made by secret ballot.
32        (2)  Deliberations of the board of tax  appeals  created  in  chapter  38,
33    title 63, Idaho Code,  the Idaho potato commission created in chapter 12,
34    title  22,  Idaho  Code,  the public utilities commission and the indus-
35    trial commission in a fully submitted adjudicatory proceeding in  which  hear-
36    ings, if any are required, have been completed, and in which the legal rights,
37    duties  or privileges of a party are to be determined are not required by this
38    act to take place in a meeting open to the  public.  Such  deliberations  may,
39    however, be made and/or conducted in a public meeting at the discretion of the
40    agency.
41        (3)  A governing body shall not hold a meeting at any place where discrim-
42    ination  on  the  basis  of race, creed, color, sex, age or national origin is
43    practiced.

44        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
45    declared to exist, this act shall be in full force and effect on and after its
46    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                           RS 07650 Cl
         This legislation clarifies the existing law concerning investigative
records, trademark usage audits and deliberative proceedings of the Idaho
Potato Commission.
         The state of Idaho has invested over $100 million dollars over the past
sixty years to educate consumers about the superior quality of Idaho potatoes. 
This effort has lead to a record awareness of Idaho potatoes among consumers
of over 82% of those surveyed.  Unfortunately, the success of this effort has
tempted some to put non-Idaho potatoes into Idaho potato bags.
         In order to catch offenders, the Idaho Potato Commission (("IPC")) audits
the records of those it licenses to use the Idaho trademarks.  Not all
licensees keep honest records.  It therefore becomes necessary to contact
third-parties, those who sold potatoes to the licensee or those who bought
potatoes from the licensee, in order to verify the accuracy of the licensees
         This practice is commonly called a "third-party"
confirmation.  In the highly competitive produce industry, buyer seller
information is closely guarded.  In order to obtain the cooperation of third-parties in these investigations, IPC has promised that this information will
be kept confidential as an investigative record or trade secret.  Recently,
however, lawyers have questioned whether these exemptions are applicable.  In
order to avoid litigation, this legislation would clarify the position taken
by IPC since the enactment of the Public Records law.
         The second provision of the bill would permit IPC's Commissioners, when
deliberating in a judicial capacity, to exchange drafts of proposed orders
prior to reaching a decision.  A corresponding change is made in the Open
Meeting law for the same reasons.  In a recent case, IPC found that an out-of-state licensee had misbranded over 1.5 million consumer bags and imposed over
$2 million in civil penalties and costs.  The Deputy Attorney General advising
IPC raised concerns that the Commissioners might be in violation of the law if
they kept confidential the drafts they were working from while deliberating
over the evidence they reviewed in the case.  This legislation
would alleviate that concern.
         Finally, an emergency clause is added to permit the legislation to
become effective upon passage.  This is necessary in order to cover
current enforcement proceedings now underway by the IPC.
                           FISCAL NOTE
         The Idaho Potato Commission is funded through a tax imposed upon
the potato industry.  Therefore there is no impact on the general
fund.  This legislation will not increase any expenditure from the
Idaho Potato Commission budget.
CONTACT: Patrick J. Kole
         (208) 334-2350

            Bill No S1359