1998 Legislation
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SENATE BILL NO. 1288 – Sex offender, info released


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Daily Data Tracking History

S1288..........................................................by SCHROEDER
SEX OFFENDERS - Amends existing law to provide for the release of
information concerning a sex offender whose victim was a minor.

01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Jud

Bill Text


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1288

                                       BY SCHROEDER

 1                                        AN ACT

 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. If the juvenile is fourteen (14) years
34        or older and is adjudicated guilty of an offense which would be  a  felony
35        if  committed  by  an  adult,  the name, offense of which the juvenile was
36        adjudicated and disposition of the court shall be subject  to  disclosure.
37        Additionally,  facts  contained  in  any  records of a juvenile maintained
38        under chapter 5, title 20, Idaho Code, shall be furnished upon request  to
39        any  school  district where the juvenile is enrolled or is seeking enroll-
40        ment.
41        (c)  Records of the department of correction or the commission of  pardons
42        and  parole to the extent that disclosure thereof would interfere with the
43        secure and orderly conduct of their operations, or the  rehabilitation  of


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


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


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


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


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


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

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE
                                RS 07471C1
    This legislation amends section 9-340, Idaho Code, to allow that the 
    information provided pursuant to section 18-8306, Idaho Code, of 
    convicted sex offenders whose victims were minors shall not be exempt 
    from disclosure.
                              FISCAL IMPACT
    There is no fiscal impact.
    Contact: Senator Gary J. Schroeder
    S 1288