Print Friendly HOUSE BILL NO. 291 – 911 service, cell phones, funding
HOUSE BILL NO. 291
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
|||| 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
2 RELATING TO EMERGENCY COMMUNICATIONS; AMENDING SECTION 31-4801, IDAHO CODE, TO
3 EXPAND STATEMENT OF LEGISLATIVE INTENT WITH REGARD TO CONSOLIDATED EMER-
4 GENCY COMMUNICATIONS SYSTEMS; AMENDING SECTION 31-4802, IDAHO CODE, TO ADD
5 DEFINITIONS; AMENDING SECTION 31-4803, IDAHO CODE, TO REVISE THE PROCE-
6 DURES FOR USER FEE COLLECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
7 SECTION 31-4812, IDAHO CODE, TO CLARIFY THAT WIRELESS AND TELEPHONE LINE
8 COMPANIES HAVE THE SAME IMMUNITY AND CONDITIONS OF LIABILITY; AMENDING
9 CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
10 31-4813, IDAHO CODE, TO IMPOSE A COMMERCIAL MOBILE RADIO COMMUNICATIONS
11 USER FEE; AMENDING CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A
12 NEW SECTION 31-4814, IDAHO CODE, TO CREATE A STATEWIDE 911 FUND; AMENDING
13 CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
14 31-4815, IDAHO CODE, TO CREATE A STATEWIDE 911 FUNDING COMMITTEE; AMENDING
15 CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
16 31-4816, IDAHO CODE, TO PROVIDE FOR A STATEWIDE 911 COORDINATOR; AMENDING
17 CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
18 31-4817, IDAHO CODE, TO PROVIDE FOR ALLOCATION OF FUNDS; AND AMENDING SEC-
19 TION 9-340, IDAHO CODE, TO PROVIDE FOR PROPRIETARY INFORMATION TO BE
20 EXEMPT FROM DISCLOSURE, AND TO MAKE A TECHNICAL CORRECTION.
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
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
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
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-
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:
7 31-4803. AUTHORITY TO ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A
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:
2 31-4812. IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY COM-
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
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-
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
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
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
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
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-
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
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
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-
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-
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
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-
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-
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-
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
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
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