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H0511......................................................by STATE AFFAIRS
PETROLEUM CLEAN WATER TRUST FUND - RECORDS - Amends existing law to provide
an exemption from the Public Records Act for certain records of the Idaho
Petroleum Clean Water Trust Fund.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to St Aff
02/06 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 65-1-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor,
Tilman, Tippets, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Kellogg, Pomeroy, Trail, Wood
Floor Sponsor - Kunz
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen, Riggs
Floor Sponsor - Darrington
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 293
Effective: 01/01/97
H0511|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 511 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340, IDAHO CODE, TO PROVIDE 3 EXEMPTION FROM DISCLOSURE FOR CERTAIN RECORDS OF THE IDAHO PETROLEUM CLEAN 4 WATER TRUST FUND; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLI- 5 CATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 9-340, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 9-340. RECORDS EXEMPT FROM DISCLOSURE. The following records are exempt 10 from disclosure: 11 (1) Exemption under state or federal law or court rule. 12 (a) Any public record exempt from disclosure by federal or state law or 13 federal regulations to the extent specifically provided for by such law or 14 regulation. 15 (b) Records contained in court files of judicial proceedings, the disclo- 16 sure of which is prohibited by or under rules adopted by the Idaho supreme 17 court, but only to the extent that confidentiality is provided under such 18 rules, and any drafts or other working memoranda related to judicial 19 decision-making, provided the provisions of this subsection making records 20 exempt from disclosure shall not apply to the extent that such records or 21 information contained in those records are necessary for a background 22 check on an individual that is required by federal law regulating the sale 23 of firearms, guns or ammunition. 24 (2) Law enforcement records, investigatory records of agencies, worker's 25 compensation. 26 (a) Investigatory records of a law enforcement agency, as defined in sec- 27 tion 9-337(5), Idaho Code, under the conditions set forth in section 28 9-335, Idaho Code. 29 (b) Juvenile records of a person maintained pursuant to chapter 5, title 30 20, Idaho Code, except that facts contained in such records shall be fur- 31 nished upon request in a manner determined by the court to persons and 32 governmental and private agencies and institutions conducting pertinent 33 research studies or having a legitimate interest in the protection, wel- 34 fare and treatment of the juvenile. If the juvenile is fourteen (14) years 35 or older and is adjudicated guilty of an offense which would be a felony 36 if committed by an adult, the name, offense of which the juvenile was 37 adjudicated and disposition of the court shall be subject to disclosure. 38 Additionally, facts contained in any records of a juvenile maintained 39 under chapter 5, title 20, Idaho Code, shall be furnished upon request to 40 any school district where the juvenile is enrolled or is seeking enroll- 41 ment. 42 (c) Records of the department of correction or the commission of pardons 43 and parole to the extent that disclosure thereof would interfere with the 2 1 secure and orderly conduct of their operations, or the rehabilitation of 2 any person in the custody of the department of correction or on parole, or 3 would substantially prejudice or prevent the carrying out of the functions 4 of the department of correction or the commission of pardons and parole if 5 the public interest in confidentiality clearly outweighs the public inter- 6 est in disclosure. Records exempt from disclosure shall include, but not 7 be limited to, those containing the names and addresses of witnesses or 8 victims or those containing information identifying victims or witnesses. 9 (d) Records of the sheriff or department of law enforcement received or 10 maintained pursuant to section 18-3302, Idaho Code, relating to an appli- 11 cant or licensee. 12 (e) Records of investigations prepared by the department of health and 13 welfare pursuant to its statutory responsibilities dealing with the pro- 14 tection of children, the rehabilitation of youth, adoptions and the com- 15 mitment of mentally ill persons. 16 (f) Records including, but not limited to, investigative reports, result- 17 ing from investigations conducted into complaints of discrimination made 18 to the Idaho human rights commission unless the public interest in allow- 19 ing inspection and copying of such records outweighs the legitimate public 20 or private interest in maintaining confidentiality of such records. A per- 21 son may inspect and copy documents from an investigative file to which he 22 or she is a named party if such documents are not otherwise prohibited 23 from disclosure by federal law or regulation or state law. The confidenti- 24 ality of this subsection will no longer apply to any record used in any 25 judicial proceeding brought by a named party to the complaint or investi- 26 gation, or by the Idaho human rights commission, relating to the complaint 27 of discrimination. 28 (g) Records containing information obtained by the manager of the Idaho 29 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or 30 on behalf of employers or employees contained in underwriting and claims 31 for benefits files. 32 (h) The worker's compensation records of the Idaho industrial commission 33 provided that the industrial commission shall make such records available: 34 (i) To the parties in any worker's compensation claim and to the 35 industrial special indemnity fund of the state of Idaho; or 36 (ii) To employers and prospective employers subject to the provi- 37 sions of the Americans with disabilities act, 42 U.S.C. 12112, or 38 other statutory limitations, who certify that the information is 39 being requested with respect to a worker to whom the employer has 40 extended an offer of employment and will be used in accordance with 41 the provisions of the Americans with disabilities act, 42 U.S.C. 42 12112, or other statutory limitations; or 43 (iii) To employers and prospective employers not subject to the pro- 44 visions of the Americans with disabilities act, 42 U.S.C. 12112, or 45 other statutory limitations, provided the employer presents a written 46 authorization from the person to whom the records pertain; or 47 (iv) To others who demonstrate that the public interest in allowing 48 inspection and copying of such records outweighs the public or pri- 49 vate interest in maintaining the confidentiality of such records, as 50 determined by a civil court of competent jurisdiction. 51 (3) Privacy, personnel records, personal information, health records, 52 professional discipline. 53 (a) Except as provided in this subsection, all personnel records of a 54 current or former public official other than the public official's public 55 service or employment history, classification, pay grade and step, longev- 3 1 ity, gross salary and salary history, status, workplace and employing 2 agency. All other personnel information relating to a public employee or 3 applicant including, but not limited to, information regarding sex, race, 4 marital status, birth date, home address and telephone number, applica- 5 tions, testing and scoring materials, grievances, correspondence and per- 6 formance evaluations, shall not be disclosed to the public without the 7 employee's or applicant's written consent. A public official or authorized 8 representative may inspect and copy his personnel records, except for 9 material used to screen and test for employment. 10 (b) Retired employees' and retired public officials' home addresses, home 11 telephone numbers and other financial and nonfinancial membership records; 12 active and inactive member financial and membership records and mortgage 13 portfolio loan documents maintained by the public employee retirement sys- 14 tem. Financial statements prepared by retirement system staff, funding 15 agents and custodians concerning the investment of assets of the public 16 employee retirement system of Idaho are not considered confidential under 17 this chapter. 18 (c) Information and records submitted to the Idaho state lottery for the 19 performance of background investigations of employees, lottery retailers 20 and major procurement contractors; audit records of lottery retailers, 21 vendors and major procurement contractors submitted to or performed by the 22 Idaho state lottery; validation and security tests of the state lottery 23 for lottery games; business records and information submitted pursuant to 24 sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such 25 documents and information obtained and held for the purposes of lottery 26 security and investigative action as determined by lottery rules unless 27 the public interest in disclosure substantially outweighs the private need 28 for protection from public disclosure. 29 (d) Records of a personal nature as follows: 30 (i) Records of personal debt filed with a public agency pursuant to 31 law; 32 (ii) Personal bank records compiled by a public depositor for the 33 purpose of public funds transactions conducted pursuant to law; 34 (iii) Records of ownership of financial obligations and instruments 35 of a public agency, such as bonds, compiled by the public agency pur- 36 suant to law; 37 (iv) Records, with regard to the ownership of, or security interests 38 in, registered public obligations; 39 (v) Vital statistics records; 40 (vi) Except as provided in this subsection, all information provided 41 to a law enforcement agency for sex offender registration pursuant to 42 the provisions of section 18-8306, Idaho Code: 43 1. Such information shall be available upon request to a law 44 enforcement agency; and 45 2. The information provided pursuant to the provisions of sub- 46 sections (1) and (3) of section 18-8306, Idaho Code, shall be 47 provided to any person upon written request. Such written 48 request shall include the name and either date of birth or 49 address of the person for whom the information is requested. 50 (e) Information in an income or other tax return measured by items of 51 income or sales, which is gathered by a public agency for the purpose of 52 administering the tax, except such information to the extent disclosed in 53 a written decision of the tax commission pursuant to a taxpayer protest of 54 a deficiency determination by the tax commission, under the provisions of 55 section 63-3045B, Idaho Code. 4 1 (f) Records of a personal nature related directly or indirectly to the 2 application for and provision of statutory services rendered to persons 3 applying for public care for the elderly, indigent, or mentally or physi- 4 cally handicapped, or participation in an environmental or a public health 5 study, provided the provisions of this subsection making records exempt 6 from disclosure shall not apply to the extent that such records or infor- 7 mation contained in those records are necessary for a background check on 8 an individual that is required by federal law regulating the sale of fire- 9 arms, guns or ammunition. 10 (g) Employment security information and unemployment insurance benefit 11 information, except that all interested parties may agree to waive the 12 exemption. 13 (h) Any personal records, other than names, business addresses and busi- 14 ness phone numbers, such as parentage, race, religion, sex, height, 15 weight, tax identification and social security numbers, financial worth or 16 medical condition submitted to any public agency pursuant to a statutory 17 requirement for licensing, certification, permit or bonding. 18 (i) Unless otherwise provided by agency rule, information obtained as 19 part of an inquiry into a person's fitness to be granted or retain a 20 license, certificate, permit, privilege, commission or position, private 21 association peer review committee records authorized in title 54, Idaho 22 Code. Any agency which has records exempt from disclosure under the provi- 23 sions of this subsection shall annually make available a statistical sum- 24 mary of the number and types of matters considered and their disposition. 25 (j) The records, finding, determinations and decision of any prelitiga- 26 tion screening panel formed under chapter 10, title 6, Idaho Code. 27 (k) Board of professional discipline reprimands by informal admonition 28 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 29 (l) Records of the department of health and welfare or a public health 30 district that identifies a person infected with a reportable disease. 31 (m) Records of hospital care, medical records, records of psychiatric 32 care or treatment and professional counseling records relating to an 33 individual's condition, diagnosis, care or treatment, provided the provi- 34 sions of this subsection making records exempt from disclosure shall not 35 apply to the extent that such records or information contained in those 36 records are necessary for a background check on an individual that is 37 required by federal law regulating the sale of firearms, guns or ammuni- 38 tion. 39 (4) Trade secrets, production records, appraisals, bids, proprietary 40 information. 41 (a) Trade secrets including those contained in response to public agency 42 requests for proposal, requests for clarification, requests for informa- 43 tion and similar requests. "Trade secrets" as used in this section means 44 information, including a formula, pattern, compilation, program, computer 45 program, device, method, technique, process, or unpublished or in progress 46 research that: 47 (i) Derives independent economic value, actual or potential, from 48 not being generally known to, and not being readily ascertainable by 49 proper means by other persons who can obtain economic value from its 50 disclosure or use; and 51 (ii) Is the subject of efforts that are reasonable under the circum- 52 stances to maintain its secrecy. 53 (b) Production records, sale or purchase records, catch records, mortgage 54 portfolio loan documents, or similar business records of a private con- 55 cern or enterprise required by law to be submitted to or inspected by a 5 1 public agency. Nothing in this subsection shall limit the use which can 2 be made of such information for regulatory purposes or its admissibility 3 in any enforcement proceeding. 4 (c) Records relating to the appraisal of real property, timber or mineral 5 rights prior to its acquisition, sale or lease by a public agency. 6 (d) Any estimate prepared by a public agency that details the cost of a 7 public project until such time as disclosed or bids are opened, or upon 8 award of the contract for construction of the public project. 9 (e) Examination, operating or condition reports and all documents relat- 10 ing thereto, prepared by or supplied to any public agency responsible for 11 the regulation or supervision of financial institutions including, but not 12 limited to, banks, savings and loan associations, regulated lenders, busi- 13 ness and industrial development corporations, credit unions, and insurance 14 companies, or for the regulation or supervision of the issuance of securi- 15 ties. 16 (f) Records gathered by a local agency or the Idaho department of com- 17 merce, as described in chapter 47, title 67, Idaho Code, for the specific 18 purpose of assisting a person to locate, maintain, invest in, or expand 19 business operations in the state of Idaho. 20 (g) Shipping and marketing records of commodity commissions used to eval- 21 uate marketing and advertising strategies and the names and addresses of 22 growers and shippers maintained by commodity commissions. 23 (h) Financial statements and business information and reports submitted 24 by a legal entity to a port district organized under title 70, Idaho Code, 25 in connection with a business agreement, or with a development proposal or 26 with a financing application for any industrial, manufacturing, or other 27 business activity within a port district. 28 (i) Names and addresses of seed companies, seed crop growers, seed crop 29 consignees, locations of seed crop fields, variety name and acreage by 30 variety. Upon the request of the owner of the proprietary variety, this 31 information shall be released to the owner. Provided, however, that if a 32 seed crop has been identified as diseased or has been otherwise identified 33 by the Idaho department of agriculture, other state departments of agri- 34 culture, or the United States department of agriculture to represent a 35 threat to that particular seed or commercial crop industry or to individ- 36 ual growers, information as to test results, location, acreage involved 37 and disease symptoms of that particular seed crop, for that growing sea- 38 son, shall be available for public inspection and copying. This exemption 39 shall not supersede the provisions of section 22-436, Idaho Code. 40 (j) Information obtained from books, records, and accounts required in 41 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and 42 rapeseed commission and pertaining to the individual production records of 43 canola or rapeseed growers. 44 (k) Records of any risk retention or self-insurance program prepared in 45 anticipation of litigation or for analysis of or settlement of potential 46 or actual money damage claims against a public entity and its employees or 47 against the industrial special indemnity fund except as otherwise 48 discoverable under the Idaho or federal rules of civil procedure. These 49 records shall include, but are not limited to, claims evaluations, inves- 50 tigatory records, computerized reports of losses, case reserves, internal 51 documents and correspondence relating thereto. At the time any claim is 52 concluded, only statistical data and actual amounts paid in settlement 53 shall be deemed a public record unless otherwise ordered to be sealed by a 54 court of competent jurisdiction. Provided however, nothing in this subsec- 55 tion is intended to limit the attorney client privilege or attorney work 6 1 product privilege otherwise available to any public agency. 2 (l) Records of laboratory test results provided by or retained by the 3 department of agriculture's quality assurance laboratory. Nothing in this 4 subsection shall limit the use which can be made, or availability of such 5 information if used, for regulatory purposes or its admissibility in any 6 enforcement proceeding. 7 (m) Reports required to be filed under chapter 13, title 62, Idaho Code, 8 identifying electrical or natural or manufactured gas consumption data for 9 an individual customer or account. 10 (n) Voluntarily prepared environmental audits, and voluntary disclosures 11 of information submitted to an environmental agency as defined in section 12 9-803, Idaho Code, which are claimed to be confidential business informa- 13 tion. 14 (o) Computer programs developed or purchased by or for any public agency 15 for its own use. As used in this subsection, "computer program" means a 16 series of instructions or statements which permit the functioning of a 17 computer system in a manner designed to provide storage, retrieval and 18 manipulation of data from the computer system, and any associated documen- 19 tation and source material that explain how to operate the computer pro- 20 gram. Computer program does not include: 21 (i) The original data including, but not limited to, numbers, text, 22 voice, graphics and images; 23 (ii) Analysis, compilation and other manipulated forms of the origi- 24 nal data produced by use of the program; or 25 (iii) The mathematical or statistical formulas that would be used if 26 the manipulated forms of the original data were to be produced manu- 27 ally. 28 (5) Archaeological, endangered species, libraries, legislative, test 29 keys, miscellaneous exemptions. 30 (a) Records, maps or other records identifying the location of archaeo- 31 logical or geophysical sites or endangered species, if not already known 32 to the general public. 33 (b) Archaeological and geologic records concerning exploratory drilling, 34 logging, mining and other excavation, when such records are required to be 35 filed by statute for the time provided by statute. 36 (c) The records of a library which, when examined alone, or when examined 37 with other public records, would reveal the identity of the library patron 38 checking out, requesting, or using an item from a library. 39 (d) The material of a library, museum or archive which has been contrib- 40 uted by a private person, to the extent of any limitation that is a condi- 41 tion of the contribution. 42 (e) Test questions, scoring keys, and other data used to administer a 43 licensing examination, employment, academic or other examination or test- 44 ing procedure before the examination is given if the examination is to be 45 used again. Records establishing procedures for and instructing persons 46 administering, grading or evaluating an examination or testing procedure 47 are included in this exemption, to the extent that disclosure would create 48 a risk that the result might be affected. 49 (f) Records consisting of draft legislation and documents specifically 50 related to such draft legislation or research requests submitted to the 51 legislative services office by a member of the Idaho legislature for the 52 purpose of placing such draft legislation into a form suitable for intro- 53 duction as official proposed legislation of the legislature of the state 54 of Idaho, unless the individual legislator having submitted or requested 55 such records or research agrees to waive the provisions of confidentiality 7 1 provided by this subsection. 2 (g) All papers, physical and electronic records and correspondence or 3 other supporting materials comprising the work papers in the possession of 4 the legislative services office or the director of legislative performance 5 evaluations prior to release of the related final audit and all other 6 records or materials in the possession of the legislative services office 7 or the director of legislative performance evaluations that would other- 8 wise be confidential or exempt from disclosure. 9 (h) Records that identify the method by which the Idaho state tax com- 10 mission selects tax returns for audit review. 11 (i) Underwriting and claims records of the Idaho petroleum clean 12 water trust fund obtained pursuant to section 41-4904, 41-4908, 41-4910A, 13 41-4911 or 41-4911A, Idaho Code. Provided however, that this subsection 14 shall not prevent the Idaho petroleum clean water trust fund's submittal 15 to the Idaho department of health and welfare, division of environmental 16 quality, or other regulatory agencies of information necessary to satisfy 17 an insured's corrective action requirement under applicable federal or 18 state standards in the event of a release into the environment from a 19 petroleum storage tank; and provided further that nothing in this subsec- 20 tion shall prevent the Idaho petroleum clean water trust fund from provid- 21 ing auditing, reporting, or actuarial information as otherwise required of 22 it pursuant to section 41-4918, 41-4924A, 41-4931, 41-4933, 41-4935, 23 41-4940 or 41-4941, Idaho Code. 24 SECTION 2. An emergency existing therefor, which emergency is hereby 25 declared to exist, this act shall be in full force and effect on and after its 26 passage and approval, and retroactively to January 1, 1997.
STATEMENT OF PURPOSE
RS 07629
The purpose of this legislation is to provide that petroleum storage
tank liability insurance underwriting and claims records of the
petroleum clean water trust fund are exempt from disclosure under
the state public records law. This amendment is necessary to afford
the same confidential protection to insured's information contained
in the underwriting and claims records of the Idaho petroleum clean
water trust fund as is granted the State Insurance Fund (which
manages the Idaho Petroleum Clean Water Trust Fund) and is afforded
to insured's records in the private sector. This amendment is
consistent with the previously expressed legislative intent that the
Idaho Petroleum Clean Water Trust Fund have the power and privileges
of a nonprofit insurance organization regulated by the State
Department of Insurance. This amendment preserves the ability to
provide necessary auditing, reporting and actuarial information by
the Idaho Petroleum Clean Water Trust Fund to the state Department
of Insurance or other government or regulatory examiners.
FISCAL NOTE
No fiscal impact. No additional funds will be required by the
Idaho Petroleum Clean Water Trust Fund to implement this
legislation.
Contact: Vicki Patterson
Idaho Petroleum Marketers Association
345-5200 or 343-6444
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H511