1999 Legislation
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HOUSE BILL NO. 291 – 911 service, cell phones, funding


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H0291aa....................................................by STATE AFFAIRS
911 SERVICE - Amends and adds to existing law to revise the laws regarding
911 service; to provide legislative intent; to revise the funding mechanism
to include cell phones; to create a statewide 911 committee and coordinator
in the Department of Administration; and to provide for allocation of

02/22    House intro - 1st rdg - to printing
02/23    Rpt prt - to Loc Gov
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/05    To Gen Ord
03/10    Rpt out amen - to engros
    To Gen Ord - Ret'd to Loc Gov

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 291

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

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

22        SECTION 1.  That Section 31-4801, Idaho Code, be, and the same  is  hereby
23    amended to read as follows:

24        31-4801.  PURPOSE.  The legislature recognizes that providing consolidated
25    emergency communications systems  throughout the state of Idaho  is
26    vital in enhancing the public health, safety, and welfare of the residents  of
27    the state of Idaho. The legislature  further finds that there is an obvi-
28    ous  need  for  providing  a means to finance the initiation, maintenance, and
29    enhancement of      finds  that  developments  in  technology  have
30    expanded  the  capabilities  of  traditional emergency communications systems,
31    particularly in the field of wireless telecommunications  services,  and  that
32    the inclusion of such developments in  consolidated emergency communica-
33    tions  systems  is in the best interests of the residents of the state of
34    Idaho. The legislature further finds that there is a need to provide  a  means
35    to finance the initiation, maintenance and enhancement of emergency communica-
36    tions  systems in order to ensure that all residents of the state of Idaho are
37    provided with rapid, efficient and effective emergency services of the highest
38    quality.
39        The legislature further finds that in  1996,  the  federal  communications
40    commission (FCC) adopted rules and an order to implement enhanced 911 features
41    for  users  of  wireless telecommunications services. The FCC order outlines a
42    two-phased resolution. In phase I -- as of April 1998, commercial mobile radio
43    service (CMRS) providers must provide call back numbers and  cell  site  loca-


 1    tions.  In  phase II -- wireless carriers must provide the location of all 911
 2    calls by longitude and latitude within one hundred twenty-five (125) meters by
 3    October 1, 2001. It is the intent of  the  Idaho  legislature  that  governing
 4    boards  establish  systems  to  comply  with  the FCC order. It is the further
 5    intent of the Idaho legislature that no portion of the funds derived from CMRS
 6    provider fees shall be used for dispatcher salaries. Nothing herein  shall  be
 7    inferred  to  change  existing  expenditures  of  the telephone line user fees
 8    .

 9        SECTION 2.  That Section 31-4802, Idaho Code, be, and the same  is  hereby
10    amended to read as follows:

11        31-4802.  DEFINITIONS. As used in this chapter:
12        (1)  "Administrator"  means  the  person,  officer or agency designated to
13    operate a consolidated emergency communication system, and  to  receive  funds
14    for such an operation.
15        (2)    "CMRS provider" means a cellular licensee, a personal communi-
16    cations services licensee, wireless carrier, and  certain  specialized  mobile
17    radio  providers  providing  commercial mobile radio service and designated as
18    covered carriers by the federal communications commission.
19        (3)  "Commercial mobile radio service" or "CMRS" means the service defined
20    in 47 USC section 332(d)(1). The term includes the following:
21        (a)  Services commonly referred to as wireless.
22        (b)  Services provided by a wireless real time  two-way  voice  communica-
23        tions device, including radio-telephone communications used in:
24             (i)   Cellular telephone service;
25             (ii)  Personal communications service; or
26             (iii) The  functional  or competitive equivalent of a radio-telephone
27             communications line used in:
28                  1.  Cellular telephone service;
29                  2.  A personal communications service; or
30                  3.  A network radio access line.
31        (4)   "Consolidated emergency communications system"  means  facili-
32    ties,  equipment  and  dispatching  services directly related to establishing,
33    maintaining, or enhancing a 911 emergency communications  service  ,  and
34    shall  not  include  facilities, vehicles, personnel or equipment used for law
35    enforcement and/or public safety purposes which are not  directly  related  to
36    the provision of emergency communications.
37        (5)  "FCC  order"  means orders entered by the federal communications com-
38    mission in FCC docket no. 94-102 .
39        ( 3  6 )  "Governing board" means the  joint  powers
40    board,  if  the 911 service area is a multicounty area, or the board of county
41    commissioners of the county or the city council if the 911 service area  is  a
42    city,  or  both  the board of county commissioners and the city council if the
43    911 service area includes both city and county residents but  not  the  entire
44    county.
45          (7)  "PSAP"  means  public safety answering point, a point that has
46    been designated to receive 911 calls and route them to emergency service  per-
47    sonnel.
48        (8)  "Statewide  911  coordinator" means the director of the department of
49    administration or the director's designee.
50        (9)  "Statewide 911 funding committee" means the members that  are  listed
51    in section 31-4815, Idaho Code.
52        (10) "Telephone  line" means the exchange access line which allows connec-
53    tion to the telecommunications network, or its equivalent, which could  termi-


 1    nate in a consolidated emergency communications system. 
 2        (  4  11 ) "911 service area" means a regional, mul-
 3    ticounty, county or area other than a whole county in which area the residents
 4    have voted to establish a consolidated emergency communications system.

 5        SECTION 3.  That Section 31-4803, Idaho Code, be, and the same  is  hereby
 6    amended to read as follows:

 8    CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM. (1) The board  of  commissioners
 9    of  any county may establish a consolidated emergency communications system by
10    virtue of authority granted by this chapter or by chapter 23, title 67,  Idaho
11    Code.  The service area may be regional, multicounty,  county-wide 
12     countywide , or any part or parts of the county, and  may  include
13    or  exclude a city or cities. If the board of county commissioners has adopted
14    a resolution stating that the county is unable to establish  a    county-
15    wide   countywide  consolidated emergency communications sys-
16    tem,  or  if  the  voters  reject  a  county-wide   countywide
17     consolidated 911 system, then a 911 service area may be established  by
18    action  of  any  city  or  cities within the county. The service area shall be
19    described in the ordinance of creation. The ordinance  shall  further  provide
20    for an election on the question as provided in subsection (2) of this section.
21    The  ordinance  of  creation  shall  define the governing board, designate the
22    administrator, and the agency to service the 911 calls. The costs of the elec-
23    tion ordered by the county shall be a proper charge against the county current
24    expense fund. The costs of the election for a 911  service  area  shall  be  a
25    proper charge against the city or cities initiating the election.
26        (2)  The voters of any county or 911 service area may authorize funding to
27    support implementation of a consolidated emergency communication system pursu-
28    ant to the provisions of this chapter. The authorization to provide such fund-
29    ing  must be made by the registered voters of the county or of the 911 service
30    area at either a primary or general election. A notice for any election  shall
31    be published for twenty (20) days as required by section 60-109, Idaho Code. A
32    sixty  percent (60%) majority of the votes cast in favor of the question shall
33    be necessary to authorize the telephone line user fee.
34        (3)  If a 911 system is to be financed in whole or in part by a  telephone
35    line   and wireless  user fee, the governing board shall submit the
36    question to the electors of the county or 911 service  area  in  substantially
37    the following form:
38        "Shall the governing board of ............ be authorized to institute
39        a  telephone  line  and wireless  user fee in an amount no
40        greater than one dollar ($l.00) per month to be used to fund an emer-
41        gency telephone system, commonly known as 911 service?"
42        (4)  No telephone line  or wireless  user fee  for  a  consoli-
43    dated  emergency  communication system shall be charged without voter approval
44    as provided in subsection (2) of this section , except  where  voters  in
45    any  911  service  area have previously adopted a telephone line user fee, the
46    same fee shall be imposed on each CMRS access user in the service area without
47    the requirement of any further voter approval .
48        (5)  Any net savings in operating expenditures realized by any taxing dis-
49    trict utilizing a consolidated emergency communication system shall be used by
50    that taxing district for a reduction in the ad valorem  tax  charges  of  that
51    taxing district.

52        SECTION  4.  That  Section 31-4812, Idaho Code, be, and the same is hereby


 1    amended to read as follows:

 3    MUNICATIONS SERVICE. In order to further the purposes of this chapter, and  to
 4    encourage  the  development  of consolidated emergency communications systems,
 5    the legislature finds that telephone companies , CMRS providers, or tele-
 6    communications entities  providing consolidated emergency communications
 7    systems and related services shall not be subject to liability in  conjunction
 8    with providing such services except on the terms stated below.
 9        (1)  No  telephone  company ,   or telecommunications pro-
10    vider   CMRS provider, or other  telecommunications  entity  
11    shall be liable to any person for the good faith release to emergency communi-
12    cations  system  personnel  of information not in the public record including,
13    but not limited to, nonpublished or nonlisted telephone numbers.
14        (2)  A  local exchange  telephone company , CMRS  provider
15      or  other telecommunications entity providing emergency communications
16    systems or services, and its employees and agents, shall not be liable in tort
17    to any person for damages alleged to have been caused by the design,  develop-
18    ment,  installation, maintenance or provision of consolidated emergency commu-
19    nications systems or services, unless such entities or persons act with malice
20    or criminal intent, or commit reckless, willful and wanton conduct.
21        (3)  For the purposes of this section, "reckless, willful and wanton  con-
22    duct" is defined as an intentional and knowing action, or failure to act, cre-
23    ating  an  unreasonable  risk  of  harm  to another, and which involves a high
24    degree of probability that such harm will result.

25        SECTION 5.  That Chapter 48, Title 31, Idaho Code, be,  and  the  same  is
26    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
27    known and designated as Section 31-4813, Idaho Code, and to read as follows:

28        31-4813.  CMRS USER FEE. (1) There is hereby imposed a  CMRS  access  user
29    fee  which  shall  not  exceed one dollar ($1.00) per month. The amount of the
30    CMRS access user fee imposed in each 911 service area shall be the same as the
31    fee imposed in such area on telephone line  users  adopted  pursuant  to  this
32    chapter.  The  CMRS  user fee shall be collected only from CMRS users in a 911
33    service area where voters have previously adopted  a  fee  on  telephone  line
34    users  and the governing board has formally requested phase I or phase II ser-
35    vice from each CMRS provider doing business within its 911  service  area.  No
36    telephone  corporation or CMRS provider shall be required to assess or collect
37    a user fee from its customers until ninety (90) days following notification by
38    the PSAP that a telephone line user fee has been adopted which  means  that  a
39    CMRS access user fee shall be imposed.
40        (2)  The  CMRS  user  fee  shall  be  collected on a monthly basis by CMRS
41    providers in accordance with the rate in effect at the user's billing  address
42    in  this  state. The amount of the fee may be separately stated on the billing
43    statement sent to the user. No CMRS provider shall be  required  to  take  any
44    legal  action  to collect the CMRS user fee and shall not be liable for uncol-
45    lected amounts.
46        (3)  The CMRS provider may retain three-fourths of one percent  (.75%)  of
47    the CMRS user fees collected each month for the cost of administering and col-
48    lecting  the  fee. The CMRS provider shall remit the balance of the fee to the
49    statewide 911 fund on a monthly basis, accompanied by a report of  the  number
50    of its customers in each 911 service area.
51        (4)  The  statewide 911 funding committee shall retain fifty percent (50%)
52    of each CMRS user fee it receives and shall distribute monthly the other fifty


 1    percent (50%) of the collected fee to the county  treasurer's  office  or  the
 2    administrator of the 911 service area from which it was collected.
 3        (5)  CMRS user fees may not be used for any purpose other than to initiate
 4    a  911 system in order to comply with the requirements of phase I and phase II
 5    of the FCC order. After both phase I and phase II have been fully implemented,
 6    CMRS user fees may then be used to maintain and enhance  emergency  communica-
 7    tions systems, however at no time shall CMRS user fees be used for salaries of
 8    dispatchers.
 9        (6)  A  governing board shall submit a written request to provide 911 ser-
10    vice in compliance with the FCC order to each CMRS provider in its 911 service
11    area. Each provider shall work in good faith to implement 911  service  within
12    six  (6)  months  of receipt of that request. Further, the governing board and
13    each CMRS provider shall enter into a written agreement that the full cost  of
14    providing 911 service shall be reimbursed to the CMRS provider. All such reim-
15    bursement  shall  be  paid promptly based on invoices submitted monthly by the
16    CMRS provider.

17        SECTION 6.  That Chapter 48, Title 31, Idaho Code, be,  and  the  same  is
18    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
19    known and designated as Section 31-4814, Idaho Code, and to read as follows:

20        31-4814.  STATEWIDE 911 FUND. The statewide 911 fund  is  created  in  the
21    state  treasury  and shall be separate and distinct from the general fund. All
22    moneys deposited in such fund are hereby continually appropriated for the pur-
23    poses of the statewide 911 funding committee as provided in  section  31-4815,
24    Idaho Code. The receipts from the CMRS access line user fee shall be deposited
25    into the fund no later than sixty (60) days after the close of each month. All
26    earnings on investment of moneys in the fund shall accrue to that fund.

27        SECTION  7.  That  Chapter  48,  Title 31, Idaho Code, be, and the same is
28    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
29    known and designated as Section 31-4815, Idaho Code, and to read as follows:

30        31-4815.  STATEWIDE 911 FUNDING COMMITTEE. (1) There is hereby created the
31    statewide  911  funding  committee. The committee shall be composed of two (2)
32    representatives from telephone line companies, three (3) representatives  from
33    CMRS  provider  companies, one (1) sheriff, one (1) emergency medical services
34    provider or administrator, one (1) city representative, one (1) representative
35    of  a  fire  protection  service  and  three  (3)  regional  governing   board
36    members/county  officers (one (1) from northern Idaho, one (1) from southwest-
37    ern Idaho, and one (1) from southeastern Idaho). The director of  the  depart-
38    ment of administration or the director's designee shall also serve on the com-
39    mittee as a nonvoting member, and shall act as the chair of the committee.
40        (2)  One  (1) representative from the telephone line company, two (2) rep-
41    resentatives from the CMRS provider companies, the  city  representative,  one
42    (1)  regional  governing board member, and the emergency medical services pro-
43    vider or administrator shall be appointed  for  one  (1)  year  following  the
44    effective  date  of  this  act. One (1) representative from the telephone line
45    company, the representative of a fire protection service, one (1)  representa-
46    tive  from  the  CMRS  provider,  the  sheriff, and two (2) representatives of
47    regional governing boards shall be appointed  for  two  (2)  years,  from  the
48    effective  date of this act. Thereafter, all appointments of the members shall
49    be for terms of two (2) years. All members shall be appointed by the governor.
50        (3)  The statewide 911 funding committee shall have the following  author-
51    ity:


 1        (a)  Administer, allocate and disburse the statewide 911 fund created pur-
 2        suant to section 31-4814, Idaho Code, and any other funds appropriated for
 3        CMRS emergency communications by the legislature or federal government;
 4        (b)  Provide  technical  and operational recommendations and assistance to
 5        public safety officials, PSAPs, and  CMRS  providers.  The  statewide  911
 6        funding  committee's recommendations shall be advisory only. The statewide
 7        911 funding committee is not authorized to set  technical  or  operational
 8        standards for CMRS providers and may not regulate CMRS providers.
 9        (c)  Submit  an  annual  report to the state legislature. The report shall
10        contain:
11             (i)   The planned expenditures for the next fiscal year, including  a
12             request, if necessary, for any appropriations from the general fund;
13             (ii)  The  collected  revenues  and funds disbursed to CMRS providers
14             and PSAPs;
15             (iii) The amount of any unexpended or uncollected funds, if any;
16        (d)  Retain an independent third party auditor annually  for  purposes  of
17        maintaining  and  verifying  the accuracy of all funds administered by the
18        statewide 911 funding committee and to ensure the confidential use of pro-
19        prietary information;
20        (e)  Make and enter into contracts through the director of the  department
21        of administration or the director's designee with experts, agents, employ-
22        ees  or  consultants  as  it deems necessary to effectuate the purposes of
23        this section.

24        SECTION 8.  That Chapter 48, Title 31, Idaho Code, be,  and  the  same  is
25    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
26    known and designated as Section 31-4816, Idaho Code, and to read as follows:

27        31-4816.  STATEWIDE 911 COORDINATOR. (1)  The  statewide  911  coordinator
28    shall  be  the  director of the department of administration or the director's
29    designee.
30        (2)  The statewide 911 coordinator shall distribute funds in  the  account
31    as directed by the statewide 911 funding committee.
32        (3)  The statewide 911 coordinator shall be the liaison between the state-
33    wide 911 funding committee and representatives of 911 service areas and repre-
34    sentatives of county and multicounty areas without 911 service for the purpose
35    of creating, enhancing and maintaining 911 service areas.

36        SECTION  9.  That  Chapter  48,  Title 31, 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 31-4817, Idaho Code, and to read as follows:

39        31-4817.  ALLOCATION  OF FUNDS. (1) Any county or multicounty area seeking
40    funds from the fifty percent (50%) retained by the statewide 911 fund for  the
41    purposes  set  forth in section 31-4804, Idaho Code, must submit a plan to the
42    statewide 911 funding committee. The plan shall detail how the county or  mul-
43    ticounty  area  will  implement 911 in the most efficient and effective manner
44    and shall include a proposed implementation schedule and estimate of  required
45    fund  resources.  The  documents  shall be submitted on forms developed by the
46    statewide 911 funding committee.
47        (2)  Prior to the allocation of funds to a county or multicounty area  for
48    a  consolidated  emergency communications system, the voters of said county or
49    multicounty area must vote affirmatively according to the procedures  in  sec-
50    tion  31-4803,  Idaho  Code,  and the governing body must impose the telephone
51    line and wireless user fee.


 1        (3)  Funds will be distributed based on the decisions of the statewide 911
 2    funding committee. The statewide 911 funding committee will consider the  fol-
 3    lowing factors in making a decision:
 4        (a)  The  nature  of  existing  and planned services in a county or multi-
 5        county area;
 6        (b)  Funds for consolidated emergency communications systems  will  gener-
 7        ally  be allocated first to a county or multicounty area without 911, then
 8        to a county or multicounty area which has some 911 capabilities.
 9        (4)  No funds may be distributed by the statewide  911  funding  committee
10    under  this  section  which  would result in the disproportionate use of funds
11    collected under section 31-4813, Idaho Code, to construct or enhance a consol-
12    idated emergency communications system, if more than two (2)  members  of  the
13    statewide  funding committee dissent or do not approve of the distribution. As
14    used in this section, the use of funds shall be considered  to  be  dispropor-
15    tionate  if  the  percentage  of funds to be expended which are generated from
16    funds collected pursuant to section 31-4813, Idaho Code, exceeds the  percent-
17    age  that CMRS users bear to all telephone users (telephone line and wireless)
18    within the 911 service area measured by the number of access lines and  number
19    of  wireless  users with addresses within the 911 service area, plus the costs
20    directly attributable to complying with phase I and phase II of the FCC order.
21        (5)  The statewide 911 funding committee shall use such funds as are  nec-
22    essary to administer the statewide 911 fund.

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

25        9-340.  RECORDS EXEMPT FROM DISCLOSURE. The following records  are  exempt
26    from disclosure:
27        (1)  Exemption under state or federal law or court rule.
28        (a)  Any  public  record exempt from disclosure by federal or state law or
29        federal regulations to the extent specifically provided for by such law or
30        regulation.
31        (b)  Records contained in court files of judicial proceedings, the disclo-
32        sure of which is prohibited by or under rules adopted by the Idaho supreme
33        court, but only to the extent that confidentiality is provided under  such
34        rules,  and  any  drafts  or  other  working memoranda related to judicial
35        decision-making, provided the provisions of this subsection making records
36        exempt from disclosure shall not apply to the extent that such records  or
37        information  contained  in  those  records  are necessary for a background
38        check on an individual that is required by federal law regulating the sale
39        of firearms, guns or ammunition.
40        (2)  Law enforcement records, investigatory records of agencies,  worker's
41    compensation.
42        (a)  Investigatory records of a law enforcement agency, as defined in sec-
43        tion  9-337(5),  Idaho  Code,  under  the  conditions set forth in section
44        9-335, Idaho Code.
45        (b)  Juvenile records of a person maintained pursuant to chapter 5,  title
46        20,  Idaho Code, except that facts contained in such records shall be fur-
47        nished upon request in a manner determined by the  court  to  persons  and
48        governmental  and  private  agencies and institutions conducting pertinent
49        research studies or having a legitimate interest in the  protection,  wel-
50        fare  and  treatment  of the juvenile who is thirteen (13) years of age or
51        younger.  If the juvenile is petitioned or charged with  an offense  which
52        would be a criminal offense if committed by an adult, the name, offense of
53        which  the juvenile was petitioned or charged and disposition of the court


 1        shall be subject to disclosure as provided in section 20-525, Idaho  Code.
 2        Additionally,  facts  contained  in  any  records of a juvenile maintained
 3        under chapter 5, title 20, Idaho Code, shall be furnished upon request  to
 4        any  school  district where the juvenile is enrolled or is seeking enroll-
 5        ment.
 6        (c)  Records of the department of correction or the commission of  pardons
 7        and  parole to the extent that disclosure thereof would interfere with the
 8        secure and orderly conduct of their operations, or the  rehabilitation  of
 9        any person in the custody of the department of correction or on parole, or
10        would substantially prejudice or prevent the carrying out of the functions
11        of the department of correction or the commission of pardons and parole if
12        the public interest in confidentiality clearly outweighs the public inter-
13        est  in  disclosure. Records exempt from disclosure shall include, but not
14        be limited to, those containing the names and addresses  of  witnesses  or
15        victims or those containing information identifying victims or witnesses.
16        (d)  Voting records of the sexual offender classification board. In accor-
17        dance  with section 18-8315, Idaho Code, the written record of the vote to
18        classify an offender as a violent sexual predator by each board member  in
19        each case reviewed by that board member shall be exempt from disclosure to
20        the  public and shall be made available upon request only to the governor,
21        the chairman of the senate judiciary and rules committee, and the chairman
22        of the house of representatives judiciary, rules and  administration  com-
23        mittee, for all lawful purposes.
24        (e)  Records  of  the sheriff or department of law enforcement received or
25        maintained pursuant to section 18-3302, Idaho Code, relating to an  appli-
26        cant or licensee.
27        (f)  Records of investigations prepared by the department  of  health  and
28        welfare  pursuant  to its statutory responsibilities dealing with the pro-
29        tection of children, the rehabilitation of youth, adoptions and  the  com-
30        mitment of mentally ill persons.
31        (g)  Records including, but not limited to, investigative reports, result-
32        ing  from  investigations conducted into complaints of discrimination made
33        to the Idaho human rights commission unless the public interest in  allow-
34        ing inspection and copying of such records outweighs the legitimate public
35        or private interest in maintaining confidentiality of such records. A per-
36        son  may inspect and copy documents from an investigative file to which he
37        or she is a named party if such documents  are  not  otherwise  prohibited
38        from disclosure by federal law or regulation or state law. The confidenti-
39        ality  of  this  subsection will no longer apply to any record used in any
40        judicial proceeding brought by a named party to the complaint or  investi-
41        gation, or by the Idaho human rights commission, relating to the complaint
42        of discrimination.
43        (h)  Records  containing  information obtained by the manager of the Idaho
44        state insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or
45        on behalf of employers or employees contained in underwriting  and  claims
46        for benefits files.
47        (i)  The  worker's compensation records of the Idaho industrial commission
48        provided that the industrial commission shall make such records available:
49             (i)   To the parties in any worker's compensation claim  and  to  the
50             industrial special indemnity fund of the state of Idaho; or
51             (ii)  To  employers  and  prospective employers subject to the provi-
52             sions of the Americans with disabilities act,  42  U.S.C.  12112,  or
53             other  statutory  limitations,  who  certify  that the information is
54             being requested with respect to a worker to  whom  the  employer  has
55             extended  an  offer of employment and will be used in accordance with


 1             the provisions of the Americans  with  disabilities  act,  42  U.S.C.
 2             12112, or other statutory limitations; or
 3             (iii) To  employers and prospective employers not subject to the pro-
 4             visions of the Americans with disabilities act, 42 U.S.C.  12112,  or
 5             other statutory limitations, provided the employer presents a written
 6             authorization from the person to whom the records pertain; or
 7             (iv)  To  others who demonstrate that the public interest in allowing
 8             inspection and copying of such records outweighs the public  or  pri-
 9             vate  interest in maintaining the confidentiality of such records, as
10             determined by a civil court of competent jurisdiction.
11        ( i  j )  Records of investigations compiled by  the
12        commission  on  aging  involving  vulnerable adults, as defined in section
13        18-1505, Idaho Code, alleged to be abused, neglected or exploited.
14        (3)  Privacy, personnel records,  personal  information,  health  records,
15    professional discipline.
16        (a)  Except  as  provided  in  this subsection, all personnel records of a
17        current or former public official other than the public official's  public
18        service or employment history, classification, pay grade and step, longev-
19        ity,  gross  salary  and  salary  history, status, workplace and employing
20        agency. All other personnel information relating to a public  employee  or
21        applicant  including, but not limited to, information regarding sex, race,
22        marital status, birth date, home address and  telephone  number,  applica-
23        tions,  testing and scoring materials, grievances, correspondence and per-
24        formance evaluations, shall not be disclosed to  the  public  without  the
25        employee's or applicant's written consent. A public official or authorized
26        representative  may  inspect  and  copy  his personnel records, except for
27        material used to screen and test for employment.
28        (b)  Retired employees' and retired public officials' home addresses, home
29        telephone numbers and other financial and nonfinancial membership records;
30        active and inactive member financial and membership records  and  mortgage
31        portfolio loan documents maintained by the public employee retirement sys-
32        tem.  Financial  statements  prepared  by retirement system staff, funding
33        agents and custodians concerning the investment of assets  of  the  public
34        employee  retirement system of Idaho are not considered confidential under
35        this chapter.
36        (c)  Information and records submitted to the Idaho state lottery for  the
37        performance  of background investigations of employees, lottery  retailers
38        and major procurement contractors; audit  records  of  lottery  retailers,
39        vendors and major procurement contractors submitted to or performed by the
40        Idaho  state  lottery;  validation and security tests of the state lottery
41        for lottery games; business records and information submitted pursuant  to
42        sections  67-7412(8)  and (9) and 67-7421(8) and (9), Idaho Code, and such
43        documents and information obtained and held for the  purposes  of  lottery
44        security  and  investigative  action as determined by lottery rules unless
45        the public interest in disclosure substantially outweighs the private need
46        for protection from public disclosure.
47        (d)  Records of a personal nature as follows:
48             (i)   Records of personal debt filed with a public agency pursuant to
49             law;
50             (ii)  Personal bank records compiled by a public  depositor  for  the
51             purpose of public funds transactions conducted pursuant to law;
52             (iii) Records  of  ownership of financial obligations and instruments
53             of a public agency, such as bonds, compiled by the public agency pur-
54             suant to law;
55             (iv)  Records, with regard to the ownership of, or security interests


 1             in, registered public obligations;
 2             (v)   Vital statistics records.
 3        (e)  Information in an income or other tax return  measured  by  items  of
 4        income  or  sales, which is gathered by a public agency for the purpose of
 5        administering the tax, except such information to the extent disclosed  in
 6        a written decision of the tax commission pursuant to a taxpayer protest of
 7        a  deficiency determination by the tax commission, under the provisions of
 8        section 63-3045B, Idaho Code.
 9        (f)  Records of a personal nature related directly or  indirectly  to  the
10        application  for  and  provision of statutory services rendered to persons
11        applying for public care for the elderly, indigent, or mentally or  physi-
12        cally handicapped, or participation in an environmental or a public health
13        study,  provided  the  provisions of this subsection making records exempt
14        from disclosure shall not apply to the extent that such records or  infor-
15        mation  contained in those records are necessary for a background check on
16        an individual that is required by federal law regulating the sale of fire-
17        arms, guns or ammunition.
18        (g)  Employment security information and  unemployment  insurance  benefit
19        information,  except  that  all  interested parties may agree to waive the
20        exemption.
21        (h)  Any personal records, other than names, business addresses and  busi-
22        ness  phone  numbers,  such  as  parentage,  race,  religion, sex, height,
23        weight, tax identification and social security numbers, financial worth or
24        medical condition submitted to any public agency pursuant to  a  statutory
25        requirement for licensing, certification, permit or bonding.
26        (i)  Unless  otherwise  provided  by  agency rule, information obtained as
27        part of an inquiry into a person's fitness  to  be  granted  or  retain  a
28        license,  certificate,  permit, privilege, commission or position, private
29        association peer review committee records authorized in  title  54,  Idaho
30        Code.  Any agency which has records  exempt from disclosure under the pro-
31        visions  of  this  subsection  shall annually make available a statistical
32        summary of the number and types of matters considered and  their  disposi-
33        tion.
34        (j)  The  records,  finding, determinations and decision of any prelitiga-
35        tion screening panel formed under chapter 10, title 6, Idaho Code.
36        (k)  Board of professional discipline reprimands  by  informal  admonition
37        pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
38        (l)  Records  of  the  department of health and welfare or a public health
39        district that identify a person infected with a reportable disease.
40        (m)  Records of hospital care, medical  records,  records  of  psychiatric
41        care  or  treatment  and  professional  counseling  records relating to an
42        individual's condition, diagnosis, care or treatment, provided the  provi-
43        sions  of  this subsection making records exempt from disclosure shall not
44        apply to the extent that such records or information  contained  in  those
45        records  are  necessary  for  a  background check on an individual that is
46        required by federal law regulating the sale of firearms, guns  or  ammuni-
47        tion.
48        (n)  Information  collected  pursuant  to  the directory of new hires act,
49        chapter 16, title 72, Idaho Code.
50        (o)  Personal information contained in motor vehicle  and  driver  records
51        that  are  exempt from disclosure under the provisions of chapter 2, title
52        49, Idaho Code.
53        (p)  Records of the financial status of prisoners pursuant  to  subsection
54        (2) of section 20-607, Idaho Code.
55        (q)  Records of the department of law enforcement or department of correc-


 1        tion  received  or  maintained  pursuant  to  section 19-5514, Idaho Code,
 2        relating to DNA databases and databanks.
 3        (4)  Trade secrets,  production  records,  appraisals,  bids,  proprietary
 4    information.
 5        (a)  Trade  secrets including those contained in response to public agency
 6        requests for proposal, requests for clarification, requests  for  informa-
 7        tion  and  similar requests. "Trade secrets" as used in this section means
 8        information,   including a formula,  pattern, compilation,  program,  com-
 9        puter  program,  device, method, technique,  process, or unpublished or in
10        progress research that:
11             (i)   Derives independent economic value, actual or  potential,  from
12             not  being generally known to, and not being readily ascertainable by
13             proper means by other persons who can obtain economic value from  its
14             disclosure or use; and
15             (ii)  Is the subject of efforts that are reasonable under the circum-
16             stances to maintain its secrecy.
17        (b)  Production records, sale or purchase records, catch records, mortgage
18        portfolio  loan  documents, or similar business records of a private  con-
19        cern or enterprise required by law to be submitted to or  inspected  by  a
20        public  agency.  Nothing  in this subsection shall limit the use which can
21        be made of such information for regulatory purposes or  its  admissibility
22        in any enforcement proceeding.
23        (c)  Records relating to the appraisal of real property, timber or mineral
24        rights prior to its acquisition, sale or lease by a public agency.
25        (d)  Any  estimate  prepared by a public agency that details the cost of a
26        public project until such time as disclosed or bids are  opened,  or  upon
27        award of the contract for construction of the public project.
28        (e)  Examination,  operating or condition reports and all documents relat-
29        ing thereto, prepared by or supplied to any public agency responsible  for
30        the regulation or supervision of financial institutions including, but not
31        limited to, banks, savings and loan associations, regulated lenders, busi-
32        ness and industrial development corporations, credit unions, and insurance
33        companies, or for the regulation or supervision of the issuance of securi-
34        ties.
35        (f)  Records  gathered  by  a local agency or the Idaho department of com-
36        merce, as described in chapter 47, title 67, Idaho Code, for the  specific
37        purpose  of  assisting  a person to locate, maintain, invest in, or expand
38        business operations in the state of Idaho.
39        (g)  Shipping and marketing records of commodity commissions used to eval-
40        uate marketing and advertising strategies and the names and  addresses  of
41        growers and shippers maintained by commodity commissions.
42        (h)  Financial  statements  and business information and reports submitted
43        by a legal entity to a port district organized under title 70, Idaho Code,
44        in connection with a business agreement, or with a development proposal or
45        with a financing application for any industrial, manufacturing,  or  other
46        business activity within a port district.
47        (i)  Names  and  addresses of seed companies, seed crop growers, seed crop
48        consignees, locations of seed crop fields, variety  name  and  acreage  by
49        variety.  Upon  the  request of the owner of the proprietary variety, this
50        information shall be released to the owner. Provided, however, that  if  a
51        seed crop has been identified as diseased or has been otherwise identified
52        by  the  Idaho department of agriculture, other state departments of agri-
53        culture, or the United States department of  agriculture  to  represent  a
54        threat  to that particular seed or commercial crop industry or to individ-
55        ual growers, information as to test results,  location,  acreage  involved


 1        and  disease  symptoms of that particular seed crop, for that growing sea-
 2        son, shall be available for public inspection and copying. This  exemption
 3        shall not supersede the provisions of section 22-436, Idaho Code.
 4        (j)  Information  obtained  from  books, records, and accounts required in
 5        chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
 6        rapeseed commission  and pertaining to the individual  production  records
 7        of canola or rapeseed  growers.
 8        (k)  Records  of  any risk retention or self-insurance program prepared in
 9        anticipation of litigation or for analysis of or settlement  of  potential
10        or actual money damage claims against a public entity and its employees or
11        against   the  industrial  special  indemnity  fund  except  as  otherwise
12        discoverable under the Idaho or federal rules of  civil  procedure.  These
13        records  shall include, but are not limited to, claims evaluations, inves-
14        tigatory records, computerized reports of losses, case reserves,  internal
15        documents  and  correspondence  relating thereto. At the time any claim is
16        concluded, only statistical data and actual  amounts  paid  in  settlement
17        shall be deemed a public record unless otherwise ordered to be sealed by a
18        court of competent jurisdiction. Provided however, nothing in this subsec-
19        tion  is  intended to limit the attorney client privilege or attorney work
20        product privilege otherwise  available to any public agency.
21        (l)  Records of laboratory test results provided by  or  retained  by  the
22        Idaho  food quality assurance laboratory. Nothing in this subsection shall
23        limit the use which can be made, or availability of  such  information  if
24        used, for regulatory purposes or its admissibility in any enforcement pro-
25        ceeding.
26        (m)  Reports  required to be filed under chapter 13, title 62, Idaho Code,
27        identifying electrical or natural or manufactured gas consumption data for
28        an individual customer or account.
29        (n)  Voluntarily prepared environmental audits, and voluntary  disclosures
30        of information submitted on or before December 31, 1997, to an environmen-
31        tal  agency  as defined in section 9-803, Idaho Code, which are claimed to
32        be confidential business information.
33        (o)  Computer programs developed or purchased by or for any public  agency
34        for  its  own  use. As used in this subsection, "computer program" means a
35        series of instructions or statements which permit  the  functioning  of  a
36        computer  system  in  a  manner designed to provide storage, retrieval and
37        manipulation of data from the computer system, and any associated documen-
38        tation and source material that explain how to operate the  computer  pro-
39        gram. Computer program does not include:
40             (i)   The original data including, but not limited to, numbers, text,
41             voice, graphics and images;
42             (ii)  Analysis, compilation and other manipulated forms of the origi-
43             nal data produced by use of the program; or
44             (iii) The  mathematical or statistical formulas that would be used if
45             the manipulated forms of the original data were to be produced  manu-
46             ally.
47        (p)  Active  investigative records and trademark usage audits of the Idaho
48        potato commission specifically relating to the enforcement of chapter  12,
49        title 22, Idaho Code, until the commencement of formal proceedings as pro-
50        vided by rules of the commission; purchase and sales information submitted
51        to  the Idaho potato commission during a trademark usage audit, and inves-
52        tigation or enforcement proceedings. Inactive investigatory records  shall
53        be  disclosed  unless the disclosure would violate the standards set forth
54        in subsections (1)(a) through (f) of section 9-335, Idaho Code. Nothing in
55        this subsection shall limit the use which can be made, or availability  of


 1        such  information if used, for regulatory purposes or its admissibility in
 2        any enforcement proceeding.
 3         (q)  Information submitted by CMRS  providers  pursuant  to  section
 4        31-4813, Idaho Code. 
 5        (5)  Archaeological,  endangered  species,  libraries,  legislative,  test
 6    keys, miscellaneous exemptions.
 7        (a)  Records,  maps  or other records identifying the location of archaeo-
 8        logical or geophysical sites or endangered species, if not  already  known
 9        to the general public.
10        (b)  Archaeological  and geologic records concerning exploratory drilling,
11        logging, mining and other excavation, when such records are required to be
12        filed by statute for the time provided by statute.
13        (c)  The records of a library which, when examined alone, or when examined
14        with other public records, would reveal the identity of the library patron
15        checking out, requesting, or using an item from a library.
16        (d)  The material of a library, museum or archive which has been  contrib-
17        uted   by a private person, to the extent of any limitation that is a con-
18        dition of the contribution.
19        (e)  Test questions, scoring keys, and other data  used  to  administer  a
20        licensing  examination, employment, academic or other examination or test-
21        ing procedure before the examination is given if the examination is to  be
22        used  again.  Records  establishing procedures for and instructing persons
23        administering, grading or evaluating an examination or  testing  procedure
24        are included in this exemption, to the extent that disclosure would create
25        a risk that the result might be affected.
26        (f)  Records  consisting  of  draft legislation and documents specifically
27        related to such draft legislation or research requests  submitted  to  the
28        legislative  services  office by a member of the Idaho legislature for the
29        purpose of placing such draft legislation into a form suitable for  intro-
30        duction  as  official proposed legislation of the legislature of the state
31        of Idaho, unless the individual legislator having submitted  or  requested
32        such records or research agrees to waive the provisions of confidentiality
33        provided by this  subsection.
34        (g)  All  papers,  physical  and  electronic records and correspondence or
35        other supporting materials comprising the work papers in the possession of
36        the legislative services office or the director of legislative performance
37        evaluations prior to release of the related  final  audit  and  all  other
38        records  or materials in the possession of the legislative services office
39        or the director of legislative performance evaluations that would   other-
40        wise be confidential or exempt from disclosure.
41        (h)  Records  that  identify the method by which the Idaho state  tax com-
42        mission selects tax returns for audit review.
43        (i)  Underwriting and claims records of the Idaho  petroleum  clean  water
44        trust  fund  obtained  pursuant  to  section  41-4904,  41-4908, 41-4910A,
45        41-4911 or 41-4911A, Idaho Code. Provided however,  that  this  subsection
46        shall  not  prevent the Idaho petroleum clean water trust fund's submittal
47        to the Idaho department of health and welfare, division  of  environmental
48        quality,  or other regulatory agencies of information necessary to satisfy
49        an insured's corrective action requirement  under  applicable  federal  or
50        state  standards  in  the  event  of a release into the environment from a
51        petroleum storage tank; and provided further that nothing in this  subsec-
52        tion shall prevent the Idaho petroleum clean water trust fund from provid-
53        ing auditing, reporting, or actuarial information as otherwise required of
54        it  pursuant  to  section  41-4918,  41-4924A,  41-4931, 41-4933, 41-4935,
55        41-4940 or 41-4941, Idaho Code.

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE

                              RS 08928

In 1988, the legislature recognized dialing 911 is the most
effective and familiar way the public has of seeking emergency
assistance. However, some rural counties without a sufficient
population base have been unable to provide such a service. rural
counties are in need of such a service because of hazardous
occupations and the long travel distances to assistance. this
legislation is intended to provide a funding mechanism for 911
and enhanced 911 service for wireless service users.

This legislation addresses providing enhanced emergency
communications systems to all of Idaho's citizens and its
visitors by ringing "wireless access lines" (cell phones, mobile
phones and emerging communication technology) into the emergency
communications act. In order to obtain the funding provided by
this legislation, counties must develop a reasonable plan for a
consolidated system and the citizens of the county must be
willing to provide ongoing funding for equipment and maintenance

In addition, the legislation provides for a 911 funding committee
composed of local officials, emergency service representatives,
telecommunications representatives and the Director of the
Department of Administration who will provide statewide
coordination and technical assistance in local emergency
communications. Also, this legislation will establish a wireless
communications user fee, a statewide 911 fund, a statewide 911
coordinator, and the allocation of 911 funds by the funding

                            FISCAL NOTE

the PUC does not regulate wireless service, thus does not know
how many access lines are in use. The wireless telecommunications
companies are reluctant to provide exact number (because of
market share consideration), but did provide a conservative
estimate of 125,000 wireless phones by the year 2000. Using their
estimate, the revenue generated by the year 2000 should be
$1,320,000 a year.

        CONTACT: Dan Chadwick, Tony Poinelli, Paul Beddoe
                 Idaho Association of Counties
                                      STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 291