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H0440........................................................by MR. SPEAKER
Requested by: Mr. Speaker
PUBLIC RECORDS - Amends existing law relating to records exempt from
disclosure to provide exemptions from disclosure for certain public records
that were enacted during the 1997 Legislative Session.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to St Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Field(13), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jones(9), Jones(22),
Jones(20), Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Ellsworth, Field(20), Jaquet, Judd, Mader,
Trail
Floor Sponsor - Field
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen, Riggs
Floor Sponsor - Hansen
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 164
Effective: 07/01/97
H0440|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 440 BY MR. SPEAKER 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340, IDAHO CODE, TO PROVIDE 3 EXEMPTIONS FROM DISCLOSURE FOR CERTAIN PUBLIC RECORDS; DECLARING AN EMER- 4 GENCY AND PROVIDING RETROACTIVE APPLICATION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 9-340, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 9-340. RECORDS EXEMPT FROM DISCLOSURE. The following records are exempt 9 from disclosure: 10 (1) Exemption under state or federal law or court rule. 11 (a) Any public record exempt from disclosure by federal or state law or 12 federal regulations to the extent specifically provided for by such law or 13 regulation. 14 (b) Records contained in court files of judicial proceedings, the disclo- 15 sure of which is prohibited by or under rules adopted by the Idaho supreme 16 court, but only to the extent that confidentiality is provided under such 17 rules, and any drafts or other working memoranda related to judicial 18 decision-making, provided the provisions of this subsection making records 19 exempt from disclosure shall not apply to the extent that such records or 20 information contained in those records are necessary for a background 21 check on an individual that is required by federal law regulating the sale 22 of firearms, guns or ammunition. 23 (2) Law enforcement records, investigatory records of agencies, worker's 24 compensation. 25 (a) Investigatory records of a law enforcement agency, as defined in sec- 26 tion 9-337(5), Idaho Code, under the conditions set forth in section 27 9-335, Idaho Code. 28 (b) Juvenile records of a person maintained pursuant to chapter 5, title 29 20, Idaho Code, except that facts contained in such records shall be fur- 30 nished upon request in a manner determined by the court to persons and 31 governmental and private agencies and institutions conducting pertinent 32 research studies or having a legitimate interest in the protection, wel- 33 fare and treatment of the juvenile who is thirteen (13) years of age 34 or younger . If the juvenile isfourteen (14) years or older35and is adjudicated guilty ofpetitioned or charged with 36 an offense which would be afelonycriminal 37 offense if committed by an adult, the name, offense of which the 38 juvenile wasadjudicatedpetitioned or charged 39 and disposition of the court shall be subject to disclosure as pro- 40 vided in section 20-525, Idaho Code . Additionally, facts contained 41 in any records of a juvenile maintained under chapter 5, title 20, Idaho 42 Code, shall be furnished upon request to any school district where the 43 juvenile is enrolled or is seeking enrollment. 2 1 (c) Records of the department of correction or the commission of pardons 2 and parole to the extent that disclosure thereof would interfere with the 3 secure and orderly conduct of their operations, or the rehabilitation of 4 any person in the custody of the department of correction or on parole, 5 or would substantially prejudice or prevent the carrying out of the func- 6 tions of the department of correction or the commission of pardons and 7 parole if the public interest in confidentiality clearly outweighs the 8 public interest in disclosure. Records exempt from disclosure shall 9 include, but not be limited to, those containing the names and addresses 10 of witnesses or victims or those containing information identifying vic- 11 tims or witnesses. 12 (d) Records of the sheriff or department of law enforcement received or 13 maintained pursuant to section 18-3302, Idaho Code, relating to an appli- 14 cant or licensee. 15 (e) Records of investigations prepared by the department of health and 16 welfare pursuant to its statutory responsibilities dealing with the pro- 17 tection of children, the rehabilitation of youth, adoptions and the com- 18 mitment of mentally ill persons. 19 (f) Records including, but not limited to, investigative reports, result- 20 ing from investigations conducted into complaints of discrimination made 21 to the Idaho human rights commission unless the public interest in allow- 22 ing inspection and copying of such records outweighs the legitimate public 23 or private interest in maintaining confidentiality of such records. A per- 24 son may inspect and copy documents from an investigative file to which he 25 or she is a named party if such documents are not otherwise prohibited 26 from disclosure by federal law or regulation or state law. The confidenti- 27 ality of this subsection will no longer apply to any record used in any 28 judicial proceeding brought by a named party to the complaint or investi- 29 gation, or by the Idaho human rights commission, relating to the complaint 30 of discrimination. 31 (g) Records containing information obtained by the manager of the Idaho 32 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or 33 on behalf of employers or employees contained in underwriting and claims 34 for benefits files. 35 (h) The worker's compensation records of the Idaho industrial commission 36 provided that the industrial commission shall make such records available: 37 (i) To the parties in any worker's compensation claim and to the 38 industrial special indemnity fund of the state of Idaho; or 39 (ii) To employers and prospective employers subject to the provi- 40 sions of the Americans with disabilities act, 42 U.S.C. 12112, or 41 other statutory limitations, who certify that the information is 42 being requested with respect to a worker to whom the employer has 43 extended an offer of employment and will be used in accordance with 44 the provisions of the Americans with disabilities act, 42 U.S.C. 45 12112, or other statutory limitations; or 46 (iii) To employers and prospective employers not subject to the pro- 47 visions of the Americans with disabilities act, 42 U.S.C. 12112, or 48 other statutory limitations, provided the employer presents a written 49 authorization from the person to whom the records pertain; or 50 (iv) To others who demonstrate that the public interest in allowing 51 inspection and copying of such records outweighs the public or pri- 52 vate interest in maintaining the confidentiality of such records, as 53 determined by a civil court of competent jurisdiction. 54 (3) Privacy, personnel records, personal information, health records, 55 professional discipline. 3 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 4 1 a written decision of the tax commission pursuant to a taxpayer protest of 2 a deficiency determination by the tax commission, under the provisions of 3 section 63-3045B, Idaho Code. 4 (f) Records of a personal nature related directly or indirectly to the 5 application for and provision of statutory services rendered to persons 6 applying for public care for the elderly, indigent, or mentally or physi- 7 cally handicapped, or participation in an environmental or a public health 8 study, provided the provisions of this subsection making records exempt 9 from disclosure shall not apply to the extent that such records or infor- 10 mation contained in those records are necessary for a background check on 11 an individual that is required by federal law regulating the sale of fire- 12 arms, guns or ammunition. 13 (g) Employment security information and unemployment insurance benefit 14 information, except that all interested parties may agree to waive the 15 exemption. 16 (h) Any personal records, other than names, business addresses and busi- 17 ness phone numbers, such as parentage, race, religion, sex, height, 18 weight, tax identification and social security numbers, financial worth or 19 medical condition submitted to any public agency pursuant to a statutory 20 requirement for licensing, certification, permit or bonding. 21 (i) Unless otherwise provided by agency rule, information obtained as 22 part of an inquiry into a person's fitness to be granted or retain a 23 license, certificate, permit, privilege, commission or position, private 24 association peer review committee records authorized in title 54, Idaho 25 Code. Any agency which has records exempt from disclosure under the pro- 26 visions of this subsection shall annually make available a statistical 27 summary of the number and types of matters considered and their disposi- 28 tion. 29 (j) The records, finding, determinations and decision of any prelitiga- 30 tion screening panel formed under chapter 10, title 6, Idaho Code. 31 (k) Board of professional discipline reprimands by informal admonition 32 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 33 (l) Records of the department of health and welfare or a public health 34 district that identifies a person infected with a reportable disease. 35 (m) Records of hospital care, medical records, records of psychiatric 36 care or treatment and professional counseling records relating to an 37 individual's condition, diagnosis, care or treatment, provided the provi- 38 sions of this subsection making records exempt from disclosure shall not 39 apply to the extent that such records or information contained in those 40 records are necessary for a background check on an individual that is 41 required by federal law regulating the sale of firearms, guns or ammuni- 42 tion. 43 (n) Information collected pursuant to the directory of new hires 44 act, chapter 16, title 72, Idaho Code. 45 (o) Personal information contained in motor vehicle and driver 46 records that are exempt from disclosure under the provisions of chapter 2, 47 title 49, Idaho Code. 48 (p) Records of the financial status of prisoners pursuant to sub- 49 section (2) of section 20-607, Idaho Code. 50 (q) Records of the department of law enforcement or department of correc- 51 tion received or maintained pursuant to section 19-5514, Idaho Code, 52 relating to DNA databases and databanks. 53 (4) Trade secrets, production records, appraisals, bids, proprietary 54 information. 55 (a) Trade secrets including those contained in response to public agency 5 1 requests for proposal, requests for clarification, requests for informa- 2 tion and similar requests. "Trade secrets" as used in this section means 3 information, including a formula, pattern, compilation, program, com- 4 puter program, device, method, technique, process, or unpublished or in 5 progress research that: 6 (i) Derives independent economic value, actual or potential, from 7 not being generally known to, and not being readily ascertainable by 8 proper means by other persons who can obtain economic value from its 9 disclosure or use; and 10 (ii) Is the subject of efforts that are reasonable under the circum- 11 stances to maintain its secrecy. 12 (b) Production records, sale or purchase records, catch records, mortgage 13 portfolio loan documents, or similar business records of a private con- 14 cern or enterprise required by law to be submitted to or inspected by a 15 public agency. Nothing in this subsection shall limit the use which can 16 be made of such information for regulatory purposes or its admissibility 17 in any enforcement proceeding. 18 (c) Records relating to the appraisal of real property, timber or mineral 19 rights prior to its acquisition, sale or lease by a public agency. 20 (d) Any estimate prepared by a public agency that details the cost of a 21 public project until such time as disclosed or bids are opened, or upon 22 award of the contract for construction of the public project. 23 (e) Examination, operating or condition reports and all documents relat- 24 ing thereto, prepared by or supplied to any public agency responsible for 25 the regulation or supervision of financial institutions including, but not 26 limited to, banks, savings and loan associations, regulated lenders, busi- 27 ness and industrial development corporations, credit unions, and insurance 28 companies, or for the regulation or supervision of the issuance of securi- 29 ties. 30 (f) Records gathered by a local agency or the Idaho department of com- 31 merce, as described in chapter 47, title 67, Idaho Code, for the specific 32 purpose of assisting a person to locate, maintain, invest in, or expand 33 business operations in the state of Idaho. 34 (g) Shipping and marketing records of commodity commissions used to eval- 35 uate marketing and advertising strategies and the names and addresses of 36 growers and shippers maintained by commodity commissions. 37 (h) Financial statements and business information and reports submitted 38 by a legal entity to a port district organized under title 70, Idaho Code, 39 in connection with a business agreement, or with a development proposal or 40 with a financing application for any industrial, manufacturing, or other 41 business activity within a port district. 42 (i) Names and addresses of seed companies, seed crop growers, seed crop 43 consignees, locations of seed crop fields, variety name and acreage by 44 variety. Upon the request of the owner of the proprietary variety, this 45 information shall be released to the owner. Provided, however, that if a 46 seed crop has been identified as diseased or has been otherwise identified 47 by the Idaho department of agriculture, other state departments of agri- 48 culture, or the United States department of agriculture to represent a 49 threat to that particular seed or commercial crop industry or to individ- 50 ual growers, information as to test results, location, acreage involved 51 and disease symptoms of that particular seed crop, for that growing sea- 52 son, shall be available for public inspection and copying. This exemption 53 shall not supersede the provisions of section 22-436, Idaho Code. 54 (j) Information obtained from books, records, and accounts required in 55 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and 6 1 rapeseed commission and pertaining to the individual production records 2 of canola or rapeseed growers. 3 (k) Records of any risk retention or self-insurance program prepared in 4 anticipation of litigation or for analysis of or settlement of potential 5 or actual money damage claims against a public entity and its employees or 6 against the industrial special indemnity fund except as otherwise 7 discoverable under the Idaho or federal rules of civil procedure. These 8 records shall include, but are not limited to, claims evaluations, inves- 9 tigatory records, computerized reports of losses, case reserves, internal 10 documents and correspondence relating thereto. At the time any claim is 11 concluded, only statistical data and actual amounts paid in settlement 12 shall be deemed a public record unless otherwise ordered to be sealed by a 13 court of competent jurisdiction. Provided however, nothing in this subsec- 14 tion is intended to limit the attorney client privilege or attorney work 15 product privilege otherwise available to any public agency. 16 (l) Records of laboratory test results provided by or retained by the 17department of agriculture'sIdaho food quality 18 assurance laboratory. Nothing in this subsection shall limit the use 19 which can be made, or availability of such information if used, for regu- 20 latory purposes or its admissibility in any enforcement proceeding. 21 (m) Reports required to be filed under chapter 13, title 62, Idaho Code, 22 identifying electrical or natural or manufactured gas consumption data for 23 an individual customer or account. 24 (n) Voluntarily prepared environmental audits, and voluntary disclosures 25 of information submitted on or before December 31, 1997, to 26 an environmental agency as defined in section 9-803, Idaho Code, which are 27 claimed to be confidential business information. 28 (o) Computer programs developed or purchased by or for any public agency 29 for its own use. As used in this subsection, "computer program" means a 30 series of instructions or statements which permit the functioning of a 31 computer system in a manner designed to provide storage, retrieval and 32 manipulation of data from the computer system, and any associated documen- 33 tation and source material that explain how to operate the computer pro- 34 gram. Computer program does not include: 35 (i) The original data including, but not limited to, numbers, text, 36 voice, graphics and images; 37 (ii) Analysis, compilation and other manipulated forms of the origi- 38 nal data produced by use of the program; or 39 (iii) The mathematical or statistical formulas that would be used if 40 the manipulated forms of the original data were to be produced manu- 41 ally. 42 (5) Archaeological, endangered species, libraries, legislative, test 43 keys, miscellaneous exemptions. 44 (a) Records, maps or other records identifying the location of archaeo- 45 logical or geophysical sites or endangered species, if not already known 46 to the general public. 47 (b) Archaeological and geologic records concerning exploratory drilling, 48 logging, mining and other excavation, when such records are required to be 49 filed by statute for the time provided by statute. 50 (c) The records of a library which, when examined alone, or when examined 51 with other public records, would reveal the identity of the library patron 52 checking out, requesting, or using an item from a library. 53 (d) The material of a library, museum or archive which has been contrib- 54 uted by a private person, to the extent of any limitation that is a con- 55 dition of the contribution. 7 1 (e) Test questions, scoring keys, and other data used to administer a 2 licensing examination, employment, academic or other examination or test- 3 ing procedure before the examination is given if the examination is to be 4 used again. Records establishing procedures for and instructing persons 5 administering, grading or evaluating an examination or testing procedure 6 are included in this exemption, to the extent that disclosure would create 7 a risk that the result might be affected. 8 (f) Records consisting of draft legislation and documents specifically 9 related to such draft legislation or research requests submitted to the 10 legislative services office by a member of the Idaho legislature for the 11 purpose of placing such draft legislation into a form suitable for intro- 12 duction as official proposed legislation of the legislature of the state 13 of Idaho, unless the individual legislator having submitted or requested 14 such records or research agrees to waive the provisions of confidentiality 15 provided by this subsection. 16 (g) All papers, physical and electronic records and correspondence or 17 other supporting materials comprising the work papers in the possession of 18 the legislative services office or the director of legislative performance 19 evaluations prior to release of the related final audit and all other 20 records or materials in the possession of the legislative services office 21 or the director of legislative performance evaluations that would other- 22 wise be confidential or exempt from disclosure. 23 (h) Records that identify the method by which the Idaho state tax com- 24 mission selects tax returns for audit review. 25 SECTION 2. An emergency existing therefor, which emergency is hereby 26 declared to exist, this act shall be in full force and effect on and after its 27 passage and approval, and retroactively to July 1, 1997.
STATEMENT OF PURPOSE
RS 07282
The purpose of this piece of legislation is to codify exemptions to disclosure in the Public Records Act
that passed in previous legislative sessions but were not codified because of a bill that repealed and
reenacted Section 9-340, Idaho Code. There are no substantive changes other than those exemptions
from disclosure that were passed by the Legislature and signed by the Governor.
FISCAL NOTE
No fiscal impact.
CONTACT:
Speaker Mike Simpson
208-334-2360
STATEMENT OF PURPOSE/FISCAL NOTE
H 440