1999 Legislation
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HOUSE BILL NO. 93 – Records, public, exmptn, recodified

HOUSE BILL NO. 93

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H0093......................................................by STATE AFFAIRS
PUBLIC RECORDS - EXEMPTIONS - Repeals and adds to existing law to recodify
the code sections dealing with records that are exempt from disclosure.

01/21    House intro - 1st rdg - to printing
01/22    Rpt prt - to St Aff
01/27    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 67-0-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
      Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Taylor,
      Tilman, Tippets, Watson, Wheeler, Williams, Wood, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Jones, Trail
    Dist. 19, Seat A, Vacant
    Floor Sponsor - Ellsworth
    Title apvd - to Senate
02/02    Senate intro - 1st rdg - to St Aff
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 31-2-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Twiggs,
      Wheeler
      NAYS--Hawkins, Whitworth
      Absent and excused--King, Stennett
    Floor Sponsor - Richardson
    Title apvd - to House
02/16    To enrol
02/17    Rpt enrol - Sp signed
02/18    Pres signed
02/19    To Governor
02/25    Governor signed
         Session Law Chapter 30
         Effective: 07/01/99

Bill Text


H0093


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 93

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO PUBLIC RECORDS; REPEALING  SECTION  9-340,  IDAHO  CODE;  AMENDING
 3        CHAPTER  3,  TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-340A,
 4        IDAHO CODE, TO EXEMPT FROM DISCLOSURE RECORDS FOR WHICH FEDERAL  OR  STATE
 5        LAW  PROVIDES EXEMPTIONS FROM DISCLOSURE AND TO EXEMPT CERTAIN COURT FILES
 6        OF JUDICIAL PROCEEDINGS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE,  BY  THE
 7        ADDITION  OF  A  NEW SECTION 9-340B, IDAHO CODE, TO EXEMPT FROM DISCLOSURE
 8        CERTAIN LAW ENFORCEMENT RECORDS, INVESTIGATORY  RECORDS  OF  AGENCIES  AND
 9        WORKER'S COMPENSATION RECORDS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY
10        THE  ADDITION  OF A NEW SECTION 9-340C, IDAHO CODE, TO EXEMPT FROM DISCLO-
11        SURE PERSONNEL RECORDS, PERSONAL INFORMATION, HEALTH RECORDS  AND  PROFES-
12        SIONAL DISCIPLINE RECORDS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE
13        ADDITION  OF  A  NEW SECTION 9-340D, IDAHO CODE, TO EXEMPT FROM DISCLOSURE
14        TRADE SECRETS, PRODUCTION RECORDS, APPRAISALS, BIDS AND PROPRIETARY INFOR-
15        MATION; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE ADDITION OF A  NEW
16        SECTION  9-340E,  IDAHO  CODE, TO EXEMPT FROM DISCLOSURE RECORDS REGARDING
17        ARCHAEOLOGICAL  MATTERS,  CERTAIN  ENDANGERED  SPECIES  RECORDS,   CERTAIN
18        LIBRARY  RECORDS AND CERTAIN INFORMATION REGARDING LICENSING EXAMS; AMEND-
19        ING CHAPTER 3, TITLE 9, IDAHO CODE, BY  THE  ADDITION  OF  A  NEW  SECTION
20        9-340F,  IDAHO  CODE, TO EXEMPT FROM DISCLOSURE DRAFT LEGISLATION AND SUP-
21        PORTING MATERIAL, CERTAIN TAX COMMISSION RECORDS AND  CERTAIN  RECORDS  OF
22        THE  PETROLEUM  CLEAN  WATER  TRUST  FUND; AMENDING SECTION 16-1623, IDAHO
23        CODE, TO PROVIDE A CORRECT REFERENCE REGARDING EXEMPTION FROM  DISCLOSURE;
24        AMENDING  SECTION  31-3418,  IDAHO  CODE,  TO  PROVIDE A CORRECT REFERENCE
25        REGARDING EXEMPTION FROM DISCLOSURE; AMENDING SECTION 41-227, IDAHO  CODE,
26        TO PROVIDE A CORRECT REFERENCE REGARDING EXEMPTION FROM DISCLOSURE; AMEND-
27        ING  SECTION  41-335, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE REGARDING
28        EXEMPTION FROM DISCLOSURE AND TO MAKE  A  TECHNICAL  CORRECTION;  AMENDING
29        SECTION  41-5103,  IDAHO  CODE,  TO  PROVIDE A CORRECT REFERENCE REGARDING
30        EXEMPTION FROM DISCLOSURE AND TO MAKE  A  TECHNICAL  CORRECTION;  AMENDING
31        SECTION  54-204,  IDAHO  CODE,  TO  PROVIDE  A CORRECT REFERENCE REGARDING
32        EXEMPTION FROM DISCLOSURE; AMENDING SECTION 54-918, IDAHO CODE, TO PROVIDE
33        A CORRECT REFERENCE REGARDING EXEMPTION FROM DISCLOSURE AND TO MAKE  TECH-
34        NICAL  CORRECTIONS;  AND AMENDING SECTION 54-934, IDAHO CODE, TO PROVIDE A
35        CORRECT REFERENCE REGARDING EXEMPTION FROM DISCLOSURE AND TO MAKE A  TECH-
36        NICAL CORRECTION.

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

38        SECTION  1.  That  Section  9-340,  Idaho Code, be, and the same is hereby
39    repealed.

40        SECTION 2.  That Chapter 3, Title 9, Idaho  Code,  be,  and  the  same  is
41    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
42    known and designated as Section 9-340A, Idaho Code, and to read as follows:


                                          2

 1        9-340A.  RECORDS EXEMPT FROM DISCLOSURE  -- EXEMPTIONS IN FEDERAL OR STATE
 2    LAW -- COURT FILES OF JUDICIAL PROCEEDINGS. The following records  are  exempt
 3    from disclosure:
 4        (1)  Any  public  record exempt from disclosure by federal or state law or
 5    federal regulations to the extent specifically provided for  by  such  law  or
 6    regulation.
 7        (2)  Records contained in court files of judicial proceedings, the disclo-
 8    sure  of  which  is  prohibited by or under rules adopted by the Idaho supreme
 9    court, but only to the extent that  confidentiality  is  provided  under  such
10    rules, and any drafts or other working memoranda related to judicial decision-
11    making,  provided the provisions of this subsection making records exempt from
12    disclosure shall not apply to the extent that such records or information con-
13    tained in those records are necessary for a background check on an  individual
14    that is required by federal law regulating the sale of firearms, guns or ammu-
15    nition.

16        SECTION  3.  That  Chapter  3,  Title  9,  Idaho Code, be, and the same is
17    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
18    known and designated as Section 9-340B, Idaho Code, and to read as follows:

19        9-340B.  RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
20    TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
21    exempt from disclosure:
22        (1)  Investigatory records of a law enforcement agency, as defined in sec-
23    tion  9-337(5),  Idaho  Code, under the conditions set forth in section 9-335,
24    Idaho Code.
25        (2)  Juvenile records of a person maintained pursuant to chapter 5,  title
26    20, Idaho Code, except that facts contained in such records shall be furnished
27    upon  request  in a manner determined by the court to persons and governmental
28    and private agencies and institutions conducting pertinent research studies or
29    having a legitimate interest in the protection, welfare and treatment  of  the
30    juvenile  who  is  thirteen  (13) years of age or younger.  If the juvenile is
31    petitioned or charged with  an offense which would be a  criminal  offense  if
32    committed  by an adult, the name, offense of which the juvenile was petitioned
33    or charged and disposition of the court shall be subject to disclosure as pro-
34    vided in section 20-525, Idaho Code.  Additionally,  facts  contained  in  any
35    records  of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
36    be furnished upon request  to  any  school  district  where  the  juvenile  is
37    enrolled or is seeking enrollment.
38        (3)  Records  of the department of correction or the commission of pardons
39    and parole to the extent that disclosure  thereof  would  interfere  with  the
40    secure  and  orderly conduct of their operations, or the rehabilitation of any
41    person in the custody of the department of correction or on parole,  or  would
42    substantially  prejudice  or  prevent the carrying out of the functions of the
43    department of correction or the commission of pardons and parole if the public
44    interest in confidentiality clearly outweighs the public interest  in  disclo-
45    sure.  Records  exempt  from  disclosure shall include, but not be limited to,
46    those containing the names and addresses of witnesses or victims or those con-
47    taining information identifying victims or witnesses.
48        (4)  Voting records of the sexual offender classification board. In accor-
49    dance with section 18-8315, Idaho Code, the written  record  of  the  vote  to
50    classify an offender as a violent sexual predator by each board member in each
51    case reviewed by that board member shall be exempt from disclosure to the pub-
52    lic  and shall be made available upon request only to the governor, the chair-
53    man of the senate judiciary and rules committee, and the chairman of the house


                                          3

 1    of representatives judiciary, rules and administration committee, for all law-
 2    ful purposes.
 3        (5)  Records of the sheriff or department of law enforcement  received  or
 4    maintained  pursuant to section 18-3302, Idaho Code, relating to an  applicant
 5    or licensee.
 6        (6)  Records of investigations prepared by the department  of  health  and
 7    welfare pursuant to its statutory responsibilities dealing with the protection
 8    of children, the rehabilitation of youth, adoptions and the commitment of men-
 9    tally ill persons.
10        (7)  Records including, but not limited to, investigative reports, result-
11    ing  from  investigations  conducted into complaints of discrimination made to
12    the Idaho human rights commission  unless  the  public  interest  in  allowing
13    inspection and copying of such records outweighs the legitimate public or pri-
14    vate  interest  in  maintaining  confidentiality of such records. A person may
15    inspect and copy documents from an investigative file to which he or she is  a
16    named  party if such documents are not otherwise prohibited from disclosure by
17    federal law or regulation or state law. The confidentiality of this subsection
18    will no longer apply to any record used in any judicial proceeding brought  by
19    a  named party to the complaint or investigation, or by the Idaho human rights
20    commission, relating to the complaint of discrimination.
21        (8)  Records containing information obtained by the manager of  the  Idaho
22    state  insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or on
23    behalf of employers or employees contained in underwriting and claims for ben-
24    efits files.
25        (9)  The worker's compensation records of the Idaho industrial  commission
26    provided that the industrial commission shall make such records available:
27        (a)  To  the  parties in any worker's compensation claim and to the indus-
28        trial special indemnity fund of the state of Idaho; or
29        (b)  To employers and prospective employers subject to the  provisions  of
30        the  Americans  with disabilities act, 42 U.S.C. 12112, or other statutory
31        limitations, who certify that the  information  is  being  requested  with
32        respect  to a worker to whom the employer has extended an offer of employ-
33        ment and will be used in accordance with the provisions of  the  Americans
34        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
35        (c)  To  employers and prospective employers not subject to the provisions
36        of the Americans with disabilities act, 42 U.S.C. 12112, or  other  statu-
37        tory  limitations,  provided the employer presents a written authorization
38        from the person to whom the records pertain; or
39        (d)  To others who  demonstrate  that  the  public  interest  in  allowing
40        inspection  and  copying  of  such records outweighs the public or private
41        interest in maintaining the confidentiality of such records, as determined
42        by a civil court of competent jurisdiction.
43        (10) Records of investigations compiled by the commission on aging involv-
44    ing vulnerable adults, as defined in section 18-1505, Idaho Code,  alleged  to
45    be abused, neglected or exploited.

46        SECTION  4.  That  Chapter  3,  Title  9,  Idaho Code, be, and the same is
47    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
48    known and designated as Section 9-340C, Idaho Code, and to read as follows:

49        9-340C.  RECORDS  EXEMPT  FROM  DISCLOSURE  -- PERSONNEL RECORDS, PERSONAL
50    INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.  The  following  records
51    are exempt from disclosure:
52        (1)  Except  as  provided  in  this subsection, all personnel records of a
53    current or former public official other than the public official's public ser-


                                          4

 1    vice or employment history, classification, pay  grade  and  step,  longevity,
 2    gross  salary  and salary history, status, workplace and employing agency. All
 3    other personnel information relating to a public employee or applicant includ-
 4    ing, but not limited to, information  regarding  sex,  race,  marital  status,
 5    birth  date,  home  address  and  telephone  number, applications, testing and
 6    scoring materials, grievances,  correspondence  and  performance  evaluations,
 7    shall  not  be  disclosed  to the public without the employee's or applicant's
 8    written consent. A public official or authorized  representative  may  inspect
 9    and  copy  his  personnel records, except for material used to screen and test
10    for employment.
11        (2)  Retired employees' and retired public officials' home addresses, home
12    telephone numbers and other financial  and  nonfinancial  membership  records;
13    active and inactive member financial and membership records and mortgage port-
14    folio  loan  documents  maintained  by  the public employee retirement system.
15    Financial statements prepared by retirement system staff, funding  agents  and
16    custodians  concerning the investment of assets of the public employee retire-
17    ment system of Idaho are not considered confidential under this chapter.
18        (3)  Information and records submitted to the Idaho state lottery for  the
19    performance  of background investigations of employees, lottery  retailers and
20    major procurement contractors; audit records of lottery retailers, vendors and
21    major procurement contractors submitted to or performed  by  the  Idaho  state
22    lottery; validation and security tests of the state lottery for lottery games;
23    business records and information submitted pursuant to sections 67-7412(8) and
24    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information
25    obtained and held for the  purposes  of  lottery  security  and  investigative
26    action as determined by lottery rules unless the public interest in disclosure
27    substantially  outweighs  the  private need for protection from public disclo-
28    sure.
29        (4)  Records of a personal nature as follows:
30        (a)  Records of personal debt filed with a public agency pursuant to law;
31        (b)  Personal bank records compiled by a public depositor for the  purpose
32        of public funds transactions conducted pursuant to law;
33        (c)  Records  of  ownership  of financial obligations and instruments of a
34        public agency, such as bonds, compiled by the public  agency  pursuant  to
35        law;
36        (d)  Records,  with  regard to the ownership of, or security interests in,
37        registered public obligations;
38        (e)  Vital statistics records.
39        (5)  Information in an income or other tax return  measured  by  items  of
40    income  or  sales,  which  is  gathered  by a public agency for the purpose of
41    administering the tax, except such information to the extent  disclosed  in  a
42    written  decision  of  the  tax commission pursuant to a taxpayer protest of a
43    deficiency determination by the tax commission, under the provisions  of  sec-
44    tion 63-3045B, Idaho Code.
45        (6)  Records  of  a  personal nature related directly or indirectly to the
46    application for and provision of statutory services rendered to persons apply-
47    ing for public care for the elderly, indigent, or mentally or physically hand-
48    icapped, or participation in an environmental or a public health  study,  pro-
49    vided  the provisions of this subsection making records exempt from disclosure
50    shall not apply to the extent that such records or  information  contained  in
51    those  records  are  necessary for a background check on an individual that is
52    required by federal law regulating the sale of firearms, guns or ammunition.
53        (7)  Employment security information and  unemployment  insurance  benefit
54    information,  except that all interested parties may agree to waive the exemp-
55    tion.


                                          5

 1        (8)  Any personal records, other than names, business addresses and  busi-
 2    ness  phone  numbers,  such as parentage, race, religion, sex, height, weight,
 3    tax identification and social security numbers,  financial  worth  or  medical
 4    condition  submitted  to any public agency pursuant to a statutory requirement
 5    for licensing, certification, permit or bonding.
 6        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 7    part  of an inquiry into a person's fitness to be granted or retain a license,
 8    certificate, permit, privilege, commission or  position,  private  association
 9    peer  review  committee records authorized in title 54, Idaho Code. Any agency
10    which has records  exempt from disclosure under the provisions of this subsec-
11    tion shall annually make available a statistical summary  of  the  number  and
12    types of matters considered and their disposition.
13        (10) The  records,  finding, determinations and decision of any prelitiga-
14    tion screening panel formed under chapter 10, title 6, Idaho Code.
15        (11) Board of professional discipline reprimands  by  informal  admonition
16    pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
17        (12) Records  of  the  department of health and welfare or a public health
18    district that identify a person infected with a reportable disease.
19        (13) Records of hospital care, medical  records,  records  of  psychiatric
20    care   or  treatment  and  professional  counseling  records  relating  to  an
21    individual's condition, diagnosis, care or treatment, provided the  provisions
22    of  this  subsection  making records exempt from disclosure shall not apply to
23    the extent that such records or information contained  in  those  records  are
24    necessary  for a background check on an individual that is required by federal
25    law regulating the sale of firearms, guns or ammunition.
26        (14) Information collected pursuant to the directory  of  new  hires  act,
27    chapter 16, title 72, Idaho Code.
28        (15) Personal  information  contained  in motor vehicle and driver records
29    that is exempt from disclosure under the provisions of chapter  2,  title  49,
30    Idaho Code.
31        (16) Records  of  the financial status of prisoners pursuant to subsection
32    (2) of section 20-607, Idaho Code.
33        (17) Records of the department of law enforcement or department of correc-
34    tion received or maintained pursuant to section 19-5514, Idaho Code,  relating
35    to DNA databases and databanks.

36        SECTION  5.  That  Chapter  3,  Title  9,  Idaho Code, be, and the same is
37    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
38    known and designated as Section 9-340D, Idaho Code, and to read as follows:

39        9-340D.  RECORDS  EXEMPT  FROM  DISCLOSURE  --  TRADE  SECRETS, PRODUCTION
40    RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION.  The following records are
41    exempt from disclosure:
42        (1)  Trade secrets including those contained in response to public  agency
43    requests  for  proposal,  requests for clarification, requests for information
44    and similar requests. "Trade secrets" as used in this section  means  informa-
45    tion,    including a formula, pattern, compilation, program, computer program,
46    device, method, technique,  process, or unpublished or  in  progress  research
47    that:
48        (a)  Derives  independent  economic  value,  actual or potential, from not
49        being generally known to, and not being readily  ascertainable  by  proper
50        means  by  other persons who can obtain economic value from its disclosure
51        or use; and
52        (b)  Is the subject of efforts that are reasonable under the circumstances
53        to maintain its secrecy.


                                          6

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


                                          7

 1    Provided however, nothing in this subsection is intended to limit the attorney
 2    client  privilege  or  attorney work product privilege otherwise  available to
 3    any public agency.
 4        (12) Records of laboratory test results provided by  or  retained  by  the
 5    Idaho  food  quality  assurance  laboratory.  Nothing in this subsection shall
 6    limit the use which can be made, or availability of such information if  used,
 7    for regulatory purposes or its admissibility in any enforcement proceeding.
 8        (13) Reports  required to be filed under chapter 13, title 62, Idaho Code,
 9    identifying electrical or natural or manufactured  gas  consumption  data  for
10    an individual customer or account.
11        (14) Voluntarily  prepared environmental audits, and voluntary disclosures
12    of information submitted on or before December 31, 1997, to  an  environmental
13    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
14    dential business information.
15        (15) Computer  programs developed or purchased by or for any public agency
16    for its own use. As used in this subsection, "computer program" means a series
17    of instructions or statements which permit the functioning of a computer  sys-
18    tem  in  a  manner  designed to provide storage, retrieval and manipulation of
19    data from the computer system, and any  associated  documentation  and  source
20    material  that  explain  how to operate the computer program. Computer program
21    does not include:
22        (a)  The original data including,  but  not  limited  to,  numbers,  text,
23        voice, graphics and images;
24        (b)  Analysis,  compilation  and  other  manipulated forms of the original
25        data produced by use of the program; or
26        (c)  The mathematical or statistical formulas that would be  used  if  the
27        manipulated forms of the original data were to be produced manually.
28        (16) Active  investigative records and trademark usage audits of the Idaho
29    potato commission specifically relating to  the  enforcement  of  chapter  12,
30    title 22, Idaho Code, until the commencement of formal proceedings as provided
31    by  rules  of  the commission; purchase and sales information submitted to the
32    Idaho potato commission during a trademark usage audit, and  investigation  or
33    enforcement  proceedings.  Inactive  investigatory  records shall be disclosed
34    unless the disclosure would violate the standards  set  forth  in  subsections
35    (1)(a)  through  (f)  of section 9-335, Idaho Code. Nothing in this subsection
36    shall limit the use which can be made, or availability of such information  if
37    used, for regulatory purposes or its admissibility in any enforcement proceed-
38    ing.

39        SECTION  6.  That  Chapter  3,  Title  9,  Idaho Code, be, and the same is
40    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
41    known and designated as Section 9-340E, Idaho Code, and to read as follows:

42        9-340E.  EXEMPTIONS FROM DISCLOSURE -- ARCHAEOLOGICAL, ENDANGERED SPECIES,
43    LIBRARIES, LICENSING EXAMS. The following records are exempt from disclosure:
44        (1)  Records,  maps  or other records identifying the location of archaeo-
45    logical or geophysical sites or endangered species, if not  already  known  to
46    the general public.
47        (2)  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        (3)  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        (4)  The material of a library, museum or archive which has been  contrib-


                                          8

 1    uted  by a private person, to the extent of any limitation that is a condition
 2    of the contribution.
 3        (5)  Test questions, scoring keys, and other data  used  to  administer  a
 4    licensing  examination,  employment,  academic or other examination or testing
 5    procedure before the examination is given if the examination  is  to  be  used
 6    again. Records establishing procedures for and instructing persons administer-
 7    ing, grading or evaluating an examination or testing procedure are included in
 8    this  exemption,  to  the  extent that disclosure would create a risk that the
 9    result might be affected.

10        SECTION 7.  That Chapter 3, Title 9, Idaho  Code,  be,  and  the  same  is
11    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
12    known and designated as Section 9-340F, Idaho Code, and to read as follows:

13        9-340F.  RECORDS EXEMPT FROM DISCLOSURE -- DRAFT LEGISLATION AND  SUPPORT-
14    ING MATERIALS, TAX COMMISSION, PETROLEUM CLEAN WATER TRUST FUND. The following
15    records are exempt from disclosure:
16        (1)  Records  consisting  of  draft legislation and documents specifically
17    related to such draft legislation or research requests submitted to the legis-
18    lative services office by a member of the Idaho legislature for the purpose of
19    placing such draft legislation into a form suitable for introduction as  offi-
20    cial proposed legislation of the legislature of the state of Idaho, unless the
21    individual  legislator  having submitted or requested such records or research
22    agrees to waive the provisions of confidentiality provided  by  this   subsec-
23    tion.
24        (2)  All  papers,  physical  and  electronic records and correspondence or
25    other supporting materials comprising the work papers in the possession of the
26    legislative services office or the director of legislative performance evalua-
27    tions prior to release of the related final audit and  all  other  records  or
28    materials in the possession of the legislative services office or the director
29    of  legislative  performance evaluations that would  otherwise be confidential
30    or exempt from disclosure.
31        (3)  Records that identify the method by which the Idaho state   tax  com-
32    mission selects tax returns for audit review.
33        (4)  Underwriting  and  claims  records of the Idaho petroleum clean water
34    trust fund obtained pursuant to section 41-4904, 41-4908, 41-4910A, 41-4911 or
35    41-4911A, Idaho Code. Provided however, that this subsection shall not prevent
36    the Idaho petroleum clean water trust fund's submittal to the Idaho department
37    of health and welfare, division of environmental quality, or other  regulatory
38    agencies  of  information  necessary to satisfy an insured's corrective action
39    requirement under applicable federal or state standards  in  the  event  of  a
40    release  into the environment from a petroleum storage tank; and provided fur-
41    ther that nothing in this subsection shall prevent the Idaho  petroleum  clean
42    water  trust fund from providing auditing, reporting, or actuarial information
43    as otherwise required of it pursuant to section  41-4918,  41-4924A,  41-4931,
44    41-4933, 41-4935, 41-4940 or 41-4941, Idaho Code.

45        SECTION  8.  That  Section 16-1623, Idaho Code, be, and the same is hereby
46    amended to read as follows:

47        16-1623.  POWERS AND DUTIES OF THE DEPARTMENT. The department, working  in
48    conjunction  with the court and other public and private agencies and persons,
49    shall have the primary responsibility to implement the purpose of  this  chap-
50    ter.  To  this  end, the department is empowered and shall have the duty to do
51    all things reasonably necessary to  carry out the  purpose  of  this  chapter,


                                          9

 1    including, but not limited to, the following:
 2        (a)  The department shall administer treatment programs for the protection
 3    and  care  of  neglected,  abused  and abandoned children, and in so doing may
 4    place in foster care, shelter care, group homes or  other  diagnostic,  treat-
 5    ment,  or  care centers or facilities, children of whom it has been given cus-
 6    tody. The department is to be governed by the standards  found  in  title  39,
 7    chapter 12, Idaho Code.
 8        (b)  On December 1, the department shall make an annual statistical report
 9    to the governor covering the preceding fiscal year showing the number and sta-
10    tus  of  persons  in its custody and including such other data as will provide
11    sufficient facts for sound planning in the conservation of children and youth.
12    All officials and employees of the state and of every county  and  city  shall
13    furnish  the  department upon request, such information within their knowledge
14    and control as the department deems necessary. Local agencies shall report  in
15    such uniform format as may be required by the department.
16        (c)  The  department  shall be required to maintain a central registry for
17    the reporting of child neglect, abuse and abandonment information.
18        (d)  The department shall make periodic evaluation of all persons  in  its
19    custody or under its supervision for the purpose of determining whether exist-
20    ing orders and dispositions in individual cases shall be modified or continued
21    in  force.  Evaluations  may be made as frequently as the department considers
22    desirable and shall be made with respect to  every  person  at  intervals  not
23    exceeding  six (6) months. Reports of evaluation made pursuant to this section
24    shall be filed with the court which vested custody  of  the  person  with  the
25    department.  Reports of evaluation shall be provided to persons having full or
26    partial legal or physical custody of a child. Failure  of  the  department  to
27    evaluate  a  person  or  to reevaluate him within six (6) months of a previous
28    examination shall not of itself entitle the person to a change in  disposition
29    but  shall  entitle  him,  his parent, guardian or custodian or his counsel to
30    petition the court pursuant to section 16-1611, Idaho Code.
31        (e)  In a consultive capacity, the department shall assist communities  in
32    the  development  of  constructive programs for the protection, prevention and
33    care of children and youth.
34        (f)  The department shall keep written records of investigations,  evalua-
35    tions,  prognosis  and all orders concerning disposition or treatment of every
36    person over whom it has legal custody. Department records shall be subject  to
37    disclosure  according  to  chapter  3,  title  9, Idaho Code, unless otherwise
38    ordered by the court, the person consents to the disclosure, or disclosure  is
39    necessary for the delivery of services to the person. Notwithstanding the pro-
40    visions restricting disclosure or the  provisions of section 9-340 
41      exemptions from disclosure provided in chapter 3, title 9 , Idaho
42    Code, all records pertaining to investigations, the rehabilitation  of  youth,
43    the  protection  of children, evaluation, treatment and/or disposition records
44    pertaining to the statutory responsibilities of the department shall  be  dis-
45    closed to any duly elected state official carrying out his official functions.
46        (g)  The  department shall establish appropriate administrative procedures
47    for the processing of complaints  of  child  neglect,  abuse  and  abandonment
48    received  and  for the implementation of the protection, treatment and care of
49    children formally or informally placed in the custody of the department  under
50    this chapter.
51        (h)  The  department having been granted legal custody of a child, subject
52    to the judicial review provisions of this subsection, shall have the right  to
53    determine  where  and  with whom the child shall live, provided that the child
54    shall not be placed outside the state  without the court's  consent.  Provided
55    however, that the court shall retain jurisdiction over the child, which juris-


                                          10

 1    diction  shall  be  entered on any order or petition granting legal custody to
 2    the department, and the court shall have jurisdiction over all matters  relat-
 3    ing  to  the  child. The department shall not place the child in the home from
 4    which the court ordered the child removed without first obtaining the approval
 5    of the court.
 6        (i)  The department shall give to the court any information concerning the
 7    child that the court may at any time require, but in any  event  shall  report
 8    the  progress of the child under its custody at intervals of not to exceed six
 9    (6) months. There shall be a rebuttable presumption that if a child is  placed
10    in  the  custody of the department and was also placed in out of the home care
11    for a period not less than fifteen (15) out of the last twenty-two (22) months
12    from the date of adjudication, the department shall initiate  a  petition  for
13    termination  of parental rights. This presumption may be rebutted by a finding
14    of the court that the filing of a petition for termination of parental  rights
15    would not be in the best interests of the child or reasonable efforts have not
16    been  provided  to  reunite  the child with his family, or the child is placed
17    permanently with a relative.
18        (j)  The department shall establish appropriate administrative  procedures
19    for  the conduct of administrative reviews and hearings as required by federal
20    statute for all children committed to the department and placed in out of home
21    care.
22        (k)  At any time the department is considering  a  placement  pursuant  to
23    this  act, the department shall make a reasonable effort to place the child in
24    the least disruptive environment to the child and in so  doing  may  consider,
25    without limitation, placement of the child with related persons.

26        SECTION  9.  That  Section 31-3418, Idaho Code, be, and the same is hereby
27    amended to read as follows:

28        31-3418.  CONFIDENTIALITY -- PROCEEDINGS AND  RECORDS  OF  INDIGENTS.  All
29    proceedings  and  records  related to indigency, pursuant to chapter 34, title
30    31, Idaho Code, shall be exempt from  disclosure  pursuant  to    section
31    9-340   chapter 3, title 9 , Idaho Code.

32        SECTION  10.  That  Section 41-227, Idaho Code, be, and the same is hereby
33    amended to read as follows:

34        41-227.  EXAMINATION REPORT. (1) The director or his examiner shall make a
35    full and true written report of every examination made by him under this chap-
36    ter, and shall verify the report by his oath.
37        (2)  The report shall  comprise  only  facts  appearing  upon  the  books,
38    papers, records or documents of the person being examined, or ascertained from
39    testimony  of  individuals  under  oath concerning the affairs of such person,
40    together with such conclusions and recommendations as may reasonably  be  war-
41    ranted from such facts.
42        (3)  Prior to a hearing and prior to any modifications the report shall be
43    subject to disclosure according to chapter 3, title 9, Idaho Code.
44        (4)  No  later  than  sixty (60) days following completion of the examina-
45    tion, the examiner in charge shall file with the department a verified written
46    report of examination under oath. Upon receipt of  the  verified  report,  the
47    department shall transmit the report to  the company examined, together with a
48    notice which shall afford the company examined a reasonable opportunity of not
49    more  than  thirty  (30)  days  to  make a written submission or rebuttal with
50    respect to any matters contained in the examination report.
51        (5)  Within thirty (30) days of the end of  the  period  allowed  for  the


                                          11

 1    receipt of written submissions or rebuttals, the director shall fully consider
 2    and  review the report, together with any written submissions or rebuttals and
 3    any relevant portions of the examiner's work papers, and enter an order:
 4        (a)  Adopting the examination report as filed  or  with  modifications  or
 5        corrections. If the examination report reveals that the company is operat-
 6        ing  in  violation  of any law, regulation or prior order of the director,
 7        the director may order the company to take any action the director consid-
 8        ers necessary and appropriate to cure such violation;
 9        (b)  Rejecting the examination report with directions to the examiners  to
10        reopen the examination for purposes of obtaining additional data, documen-
11        tation  or  information,  and  refiling pursuant to subsection (2) of this
12        section; or
13        (c)  Calling for an investigatory hearing with no less  than  twenty  (20)
14        days'  notice to the company for purposes of obtaining additional documen-
15        tation, data, information and testimony.
16        (6) (a)  All orders entered pursuant to subsection (5)(a) of this  section
17        shall  be  accompanied  by  findings  and  conclusions  resulting from the
18        director's consideration and review of the  examination  report,  relevant
19        examiner  work  papers  and any written submissions or rebuttals. Any such
20        order shall be considered a final order and may be  appealed  pursuant  to
21        sections 67-5270 through 67-5279, Idaho Code, and shall be served upon the
22        company by certified mail, together with a copy of the adopted examination
23        report. Within thirty (30) days of the issuance of the adopted report, the
24        company  shall  file  affidavits executed by each of its directors stating
25        under oath that they have received  a  copy  of  the  adopted  report  and
26        related orders.
27        (b)  Any  hearing conducted under subsection (5)(c) of this section by the
28        director or authorized representative, shall be  conducted  in  accordance
29        with   the   provisions  of  chapter  52,  title  67,  Idaho  Code,  as  a
30        nonadversarial confidential investigatory proceeding as necessary for  the
31        resolution of any inconsistencies, discrepancies or disputed issues appar-
32        ent  upon  the  face of the filed examination report or raised by, or as a
33        result of, the director's review of relevant work papers or by the written
34        submission or rebuttal of the company. Within twenty (20) days of the con-
35        clusion of any such hearing, the director shall enter an order pursuant to
36        the provisions of subsection (5)(a) of this section.
37        (c)  The director shall not appoint a contract examiner or an employee  of
38        the department as an authorized representative to conduct the hearing.
39        Nothing contained in this section shall require the department to disclose
40        any information or records which would indicate or show the content of any
41        investigation  or  activity  of  a  criminal justice agency, except to the
42        extent that the director relied upon information furnished to the director
43        by such criminal justice agency in making his decision.
44        (7)  The report when so verified and filed shall be admissible in evidence
45    in any action or proceeding brought by the director against the  person  exam-
46    ined,  or  against its officers, employees or agents, and shall be presumptive
47    evidence of the material facts stated therein. The director or  his  examiners
48    may  at  any  time  testify  and offer other proper evidence as to information
49    secured or matters discovered during the course of an examination,  whether or
50    not a written report of the examination has been  either  made,  furnished  or
51    filed in the department.
52        (8)  After  an  order is entered under the provisions of subsection (5)(a)
53    of this section, the director may publish the report or  the  results  of  the
54    examination  as  contained therein which report or results are a public record
55    and shall be exempt from the  provisions of section  9-340    


                                          12

 1    exemptions from disclosure provided in chapter 3, title 9 , Idaho Code.
 2        (9)  Nothing  contained  in  this chapter shall prevent or be construed as
 3    prohibiting the director from disclosing the content of an examination report,
 4    preliminary examination report or results, or any matter relating thereto,  to
 5    the  insurance  department  of  this  or any other state or country, or to law
 6    enforcement officials of this or any other state or agency of the federal gov-
 7    ernment at any time, so long as the agency or office receiving the  report  or
 8    matters  relating  thereto  agrees in writing to hold it confidential and in a
 9    manner consistent with this chapter.
10        (10) All  working  papers,  recorded  information,  documents  and  copies
11    thereof produced by, obtained by or disclosed to the  director  or  any  other
12    person in the course of an examination made under the provisions of this chap-
13    ter  shall be made available to the person or company which was the subject of
14    the examination in proceedings pursuant to chapter 52, title 67,  Idaho  Code,
15    but  shall  otherwise  be  held by the director as a record not required to be
16    made public pursuant to  section 9-340   exemptions from  dis-
17    closure provided in chapter 3, title 9 , Idaho Code.

18        SECTION  11.  That  Section 41-335, Idaho Code, be, and the same is hereby
19    amended to read as follows:

20        41-335.  ANNUAL STATEMENT. (1) Each authorized insurer shall  annually  on
21    or  before  March  1,  or within any extension of time therefor, not to exceed
22    thirty (30) days, which the director for good cause  may  have  granted,  file
23    with the director a full and true statement of its financial condition, trans-
24    actions and affairs as of the preceding December 31. Unless otherwise required
25    by the director, the statement is to be prepared in accordance with the annual
26    statement instructions and the accounting and procedures manual adopted by the
27    national  association of insurance commissioners (NAIC) and is to be submitted
28    on the NAIC annual convention blank form, and any  statement,  form  or  other
29    information  relating to the compensation of any officer, director or employee
30    will be deemed confidential. At the seasonable request of a  domestic  insurer
31    the  director  shall furnish to the insurer the blank form of annual statement
32    to be used by it. The statement shall be verified by the oath of the insurer's
33    president or  vice-president   vice president , and sec-
34    retary or actuary as applicable, or if a reciprocal insurer, by  the  oath  of
35    the attorney in fact or its like officers if a corporation.
36        (2)  The  statement  of  an  alien insurer shall be verified by its United
37    States manager or other officer duly authorized, and shall relate only to  the
38    insurer's  transactions  and  affairs in the United States unless the director
39    requires otherwise. If the director requires a statement as to  the  insurer's
40    affairs  throughout  the world, the insurer shall file such statement with the
41    director as soon as reasonably possible.
42        (3)  An insurer which is subject to section 41-337, Idaho Code,  (resident
43    agent,  countersignature law) shall attach to its annual statement the affida-
44    vit required under section 41-339, Idaho Code.
45        (4)  Any insurance company licensed to do business  in  this  state  which
46    neglects to file or fails to file in the time prescribed by statute its annual
47    statement or supplemental summary statement requested by the director shall be
48    subject  to a penalty of twenty-five  dollars ($25.00) per day for each day in
49    default. This penalty will be in addition to any administrative penalty  which
50    may be assessed pursuant to sections 41-327 and 41-324, Idaho Code.
51        (5)  Each  domestic  insurer authorized to do business in this state shall
52    annually, on or before March 1 of each year, file with NAIC its annual  finan-
53    cial  statement in a form prescribed by the director along with any additional


                                          13

 1    filings prescribed by the director for the  preceding  year.  The  information
 2    filed with NAIC shall be in the same format and scope as that required by this
 3    code.  Any  amendments  or addenda to the annual statement shall also be filed
 4    with NAIC.
 5        (6)  At time of filing, the insurer shall pay to the director the fee  for
 6    filing its statement as prescribed by rule of the department of insurance.
 7        (7)  The  financial  statements  filed  with the director pursuant to this
 8    section, with the exception of information relating to officer,  director,  or
 9    employee  compensation referred to in subsection (1) of this section, are pub-
10    lic records and available to the public, notwithstanding the   provisions
11    of  section  9-340   exemptions from disclosure provided in chapter
12    3, title 9 , Idaho Code.

13        SECTION 12.  That Section 41-5103, Idaho Code, be, and the same is  hereby
14    amended to read as follows:

15        41-5103.  LICENSURE. (1) No person, firm, association or corporation shall
16    act  as a RB in this state if the RB maintains an office either directly or as
17    a member or employee of a firm or association,  or  an  officer,  director  or
18    employee of a corporation:
19        (a)  In  this  state, unless such RB is a licensed producer in this state;
20        or
21        (b)  In another state, unless such RB is a licensed producer in this state
22        or another state having a law substantially similar to this law or such RB
23        is licensed in this state as a nonresident reinsurance intermediary.
24        (2)  No person, firm, association or corporation shall act as a RM:
25        (a)  For a reinsurer domiciled in this state, unless such RM is a licensed
26        producer in this state;
27        (b)  In this state, if the RM maintains an office either directly or as  a
28        member  or  employee  of a firm or association, or an officer, director or
29        employee of a corporation in this state, unless such RM is a licensed pro-
30        ducer in this state;
31        (c)  In another state for a nondomestic  insurer,  unless  such  RM  is  a
32        licensed  producer  in  this  state or another state having a law substan-
33        tially similar to this law or such person is licensed in this state  as  a
34        nonresident reinsurance intermediary.
35        (3)  The  director may require a RM subject to subsection (2) of this sec-
36    tion to:
37        (a)  File a bond in an amount from an insurer acceptable to  the  director
38        for the protection of the reinsurer; and
39        (b)  Maintain  an  errors  and omissions policy in an amount acceptable to
40        the director.
41        (4)  (a) The director may issue a reinsurance intermediary license to  any
42        person,  firm,  association  or  corporation  who  has  complied  with the
43        requirements of this chapter. Any such license issued to a firm or associ-
44        ation will authorize all the members of such firm or association  and  any
45        designated  employees  to  act  as  reinsurance  intermediaries  under the
46        license, and all such persons shall be named in the  application  and  any
47        supplements thereto. Any such license issued to a corporation shall autho-
48        rize  all  of  the  officers,  and  any designated employees and directors
49        thereof to act as reinsurance intermediaries  on behalf of  such  corpora-
50        tion,  and all such persons shall be named in the application and any sup-
51        plements thereto.
52        (b)  If the applicant for a reinsurance intermediary license is a nonresi-
53        dent, such applicant, as a condition precedent to receiving or  holding  a


                                          14

 1        license,  shall  designate the director as agent for service of process in
 2        the manner, and with the same legal effect, provided for in this title for
 3        designation of service of process upon unauthorized  insurers,  and  shall
 4        also  furnish the director with the name and address of a resident of this
 5        state upon whom notices or orders of the  director  or  process  affecting
 6        such  nonresident  reinsurance  intermediary  may be served. Such licensee
 7        shall promptly notify the director in writing of every change in its  des-
 8        ignated  agent  for  service  of process, and such change shall not become
 9        effective until acknowledged by the director.
10        (5)  The director may refuse to issue a reinsurance  intermediary  license
11    if,  in  his judgment, the applicant,  any one   anyone 
12    named on the application, or any member, principal, officer or director of the
13    applicant, is not trustworthy, or that any controlling person of  such  appli-
14    cant  is  not trustworthy to act as a reinsurance intermediary, or that any of
15    the foregoing has given cause for revocation or suspension of such license, or
16    has failed to comply with any prerequisite for the issuance of  such  license.
17    Upon  written  request  therefor,  the  director will furnish a summary of the
18    basis for refusal to issue a license, which document shall be  privileged  and
19    exempt from disclosure pursuant to  section 9-340   exemptions
20    provided in chapter 3, title 9 , Idaho Code.
21        (6)  Licensed  attorneys at law of this state when acting in their profes-
22    sional capacity as such shall be exempt from the provisions of this section.

23        SECTION 13.  That Section 54-204, Idaho Code, be, and the same  is  hereby
24    amended to read as follows:

25        54-204.  POWERS AND DUTIES. The Idaho state board of accountancy, in addi-
26    tion  to the other powers and duties set forth in this chapter, shall have the
27    following powers and duties:
28        (1)  To adopt and amend rules in accordance with  the  provisions  of  the
29    administrative  procedure act, chapter 52, title 67, Idaho Code, governing its
30    administration and the enforcement of this chapter and the conduct  of  licen-
31    sees including, but not limited to:
32        (a)  Rules governing the board's meetings and the conduct of its business;
33        (b)  Rules  of procedure governing the conduct of investigations and hear-
34        ings by the board;
35        (c)  Rules specifying the education qualifications required for the  issu-
36        ance of certificates, the experience required for initial issuance of cer-
37        tificates  and  the continuing professional education required for renewal
38        of licenses;
39        (d)  Rules of professional conduct directed to controlling the quality and
40        probity of the practice of public accountancy by  licensees,  and  dealing
41        among  other  things  with independence, integrity and objectivity; compe-
42        tence and technical standards; responsibilities to the public; and respon-
43        sibilities to clients;
44        (e)  Rules specifying actions and circumstances that shall  be  deemed  to
45        constitute  holding oneself out as a licensee in connection with the prac-
46        tice of public accountancy;
47        (f)  Rules regarding quality reviews that may be required to be  performed
48        under the provisions of this chapter;
49        (g)  Rules  for  the  method  and substance of examination for licenses to
50        practice  as certified public accountants. The  board  shall  provide  for
51        examination  of applicants, at least annually, at such times and places as
52        circumstances and applications may warrant. The board  shall  use  all  or
53        part  of  the  uniform  CPA  examination,  and may use any related service


                                          15

 1        available from the American  institute  of  certified  public  accountants
 2        (AICPA)  and  the  national  association  of  state  boards of accountancy
 3        (NASBA), or an examination and services consistent with standards  of  the
 4        AICPA  examination.  The  board may contract with third parties to perform
 5        such administrative services with respect to the examination as  it  deems
 6        appropriate  to  assist  it  in performing its duties hereunder. The board
 7        shall adopt a system to maintain the security and integrity of the  exami-
 8        nation process; and
 9        (h)  Such  other  rules  as the board may deem necessary or appropriate to
10        implement or administer the provisions and purposes of this chapter.
11        (2)  To issue original certificates of qualification and licenses to prac-
12    tice as certified public accountants to such applicants as may be qualified by
13    reciprocity, transfer of examination grades or by examination.
14        (3)  To charge and collect from all applicants, certificate  holders,  and
15    licensees such fees as are provided by this chapter and prescribed by rules of
16    the board.
17        (4)  To initiate or receive complaints, cause the same to be investigated,
18    initiate  proceedings, and conduct hearings or proceedings pursuant to chapter
19    2, title 54, Idaho Code. The board may designate a member, or any other person
20    of appropriate competence, to serve as investigating  officer  to  conduct  an
21    investigation.  Upon completion of an investigation, the investigating officer
22    shall file a report with the board. Unless dismissed by the board as unfounded
23    or trivial, the board may proceed with disciplinary proceedings or may  return
24    the report to the investigating officer for further investigation.
25        (a)  In  order  to  protect the interests of a complainant, witness, third
26        party or defendant, the board may upon  application  and  for  good  cause
27        shown,  issue  a  protective  order,  consistent  with  section 9-340
28          chapter 3, title 9 , Idaho Code, prohibiting  the  dis-
29        closure  of specific information otherwise not privileged and confidential
30        and direct that the proceedings be conducted so as to implement the order.
31        (b)  In carrying into effect the provisions of this chapter, the board may
32        subpoena witnesses and compel their attendance, and also may  require  the
33        submission of books, papers, documents or other pertinent data in any dis-
34        ciplinary matters or in any case wherever a violation of the provisions of
35        this  chapter  is alleged. Upon failure or refusal to comply with any such
36        order of the board, or upon failure to honor its subpoena, the  board  may
37        apply  to  the  court in the district where the witness resides to enforce
38        compliance.
39        (5)  To authorize by written agreement the bureau of occupational licenses
40    as agent to act in its interest.
41        (6)  Any action, claim or demand to recover money damages from  the  board
42    or  its employees which any person is legally entitled to recover as compensa-
43    tion for the negligent or otherwise wrongful act or omission of the  board  or
44    its  employees,  when  acting within the course and scope of their employment,
45    shall be governed by the Idaho tort claims act,  chapter  9,  title  6,  Idaho
46    Code. For purposes of this subsection, the term "employees" shall include spe-
47    cial  assignment  members of the board and other independent contractors while
48    acting within the course and scope of their board related work.
49        All hearings, investigations or proceedings conducted by the board  shall,
50    unless  otherwise  requested  by the concerned party, be subject to disclosure
51    according to chapter 3, title 9, Idaho Code.

52        SECTION 14.  That Section 54-918, Idaho Code, be, and the same  is  hereby
53    amended to read as follows:


                                          16

 1        54-918.  EXAMINATIONS  --  CERTIFICATE  OF QUALIFICATION. At least once in
 2    each calendar year, the board or its agent shall conduct separate examinations
 3    in dentistry and in dental hygiene. Examinations shall be written or clinical,
 4    or both, and upon such subjects in dentistry and dental hygiene as  the  board
 5    shall  determine will thoroughly test the fitness and ability of the applicant
 6    to practice dentistry or dental hygiene. It shall report and record the  names
 7    of  applicants  who  pass  and  of  those  who  fail the examination. Upon the
 8    candidate's request, the board will issue to each passing  applicant  in  den-
 9    tistry,  who  is qualified for Idaho licensure, a certificate of qualification
10    to practice dentistry, and to each passing applicant in dental hygiene, who is
11    qualified for Idaho licensure, a certificate of qualification to practice den-
12    tal hygiene within the state of Idaho.
13        Prior to an examination, or by general rule, the board shall determine the
14    relative weight of the written and of the clinical  examination,  the  passing
15    grade, not exceeding seventy  per cent   percent  (70%),
16    for  each subject, section, or part of the examination and the general average
17    passing grade, not exceeding seventy-five  per cent    percent
18      (75%). The board may recognize a certificate granted by the commission
19    on national dental examinations.
20        Applicants who fail the examination shall be notified thereof  in  writing
21    by the board or its agent, which shall also record the fact of failure and the
22    date and means of notification.
23        Written questions and answers of applicants shall be subject to disclosure
24    according  to  chapter  3,  title 9, Idaho Code, unless exempt from disclosure
25     as provided by section 9-340, Idaho Code    in  that  chapter
26    and  title , and shall be destroyed by the board after the period of one
27    (1) year following the examination.

28        SECTION 15.  That Section 54-934, Idaho Code, be, and the same  is  hereby
29    amended to read as follows:

30        54-934.  PEER  REVIEW COMMITTEES -- IMMUNITY FROM LIABILITY -- CONFIDENTI-
31    ALITY OF RECORDS. (1) The state board of dentistry or the Idaho  state  dental
32    association  or  both  may  establish one  (1)  or more peer review
33    committees pursuant to this section, for the purpose of:
34        (a)  Determining the relevancy of a dentist's usual and reasonable fees or
35        treatment procedure to the terms of a contract;
36        (b)  Assessing the quality of services rendered; or
37        (c)  Evaluating claims against dentists or engaging in underwriting  deci-
38        sions  in  connection  with  professional liability insurance coverage for
39        dentists.
40        (2)  The board or the associations, any one (1) of which has established a
41    peer review committee pursuant to law, any committee member or any staff  mem-
42    ber of either the board or of the associations assisting a peer review commit-
43    tee,  and any witness or consultant appearing before or presenting information
44    to a peer review committee shall be immune from liability in any civil  action
45    brought  as a result of a peer review investigation or proceeding conducted by
46    a peer review committee, if the board, association, committee or staff member,
47    witness or consultant, acts in good faith within the scope of the function  of
48    the committee,  has made a reasonable effort to obtain the facts of the matter
49    as to which the board or association or he acts, in the reasonable belief that
50    the action taken is warranted by the facts.
51        (3)  Any  entity,  organization  or person acting without malice in making
52    any report or other information available to a peer review committee,  or  who
53    assists  in the origination, investigation or preparation of that information,


                                          17

 1    or assists a committee in carrying out any of its duties or  functions,  shall
 2    be immune from civil liability for any such actions.
 3        (4)  Any communications or information relating to peer committee investi-
 4    gations  or proceedings as provided by law, and the proceedings and records of
 5    the committee related to them, shall be subject  to  disclosure  according  to
 6    chapter  3,  title  9, Idaho Code, unless exempt from disclosure  as pro-
 7    vided in section 9-340, Idaho Code    in  that  chapter  and  title
 8    ,  and  shall not be subject to discovery or introduced into evidence in
 9    any civil action against a dentist arising out of matters which are  the  sub-
10    ject of evaluation and review by the committee.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                              RS 08514

The proposed legislation recodifies the exemptions to the Public Records Act presently
found at Idaho Code  9-340. The bill repeals Idaho Code  9-340 and places the
exemptions in six separate code sections numbered Idaho Code  9-340A through  9340F.
There are no substantive changes to any of the exemptions found in the Public Records
Act.

The reason that this change is sought is because Idaho Code  9-340 has become very long
and cumbersome. Separate code sections would make future amendments to the exemption
portion of the Public Records Act simpler in that it would require less proofreading and
would give greater prominence to the listed exemptions.

                            FISCAL NOTE

There is no fiscal impact on the state general fund.

          CONTACT: 
          Representative Julie Ellsworth
           332-1000
          
William A. von Tagen, Deputy Attomey General
Of fice of Attorney General, Intergovernmental & Fiscal Law Division
334-4140

                                       STATEMENT OF PURPOSE/FISCAL NOTE     Bill No.  H 93