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H0417aa......................................................by MR. SPEAKER
Requested by: Department of Health and Welfare
DOMESTIC VIOLENCE - Amends existing law to provide an exemption from
disclosure for records allowing location of parties to child support
services provided by the Department of Health and Welfare in cases of
domestic violence.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Jud
02/16 Rpt out - to Gen Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/24 2nd rdg - to 3rd rdg as amen
02/28 3rd rdg as amen - PASSED - 64-2-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Judd,
Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader, Marley,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- Hornbeck, McKague
Absent and excused -- Jones, Kunz, Pomeroy, Schaefer
Floor Sponsor - Sali
Title apvd - to Senate
02/29 Senate intro - 1st rdg as amen - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/29 3rd rdg as amen - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Frasure, Stennett
Floor Sponsor - Wheeler
Title apvd - to House
03/30 To enrol
03/31 Rpt enrol - Sp signed
04/03 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 293
Effective: 07/01/00
H0417|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 417, As Amended BY MR. SPEAKER Requested by: Department of Health and Welfare 1 AN ACT 2 RELATING TO EXEMPTIONS FROM DISCLOSURE OF PUBLIC RECORDS; AMENDING SECTION 3 9-340C, IDAHO CODE, TO PROVIDE AN EXEMPTION FROM DISCLOSURE FOR RECORDS 4 ALLOWING LOCATION OF PARTIES TO CHILD SUPPORT SERVICES IN CASES OF DOMES- 5 TIC VIOLENCE AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFEC- 6 TIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 9-340C, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 11 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 12 are exempt from disclosure: 13 (1) Except as provided in this subsection, all personnel records of a 14 current or former public official other than the public official's public ser- 15 vice or employment history, classification, pay grade and step, longevity, 16 gross salary and salary history, status, workplace and employing agency. All 17 other personnel information relating to a public employee or applicant includ- 18 ing, but not limited to, information regarding sex, race, marital status, 19 birth date, home address and telephone number, applications, testing and 20 scoring materials, grievances, correspondence and performance evaluations, 21 shall not be disclosed to the public without the employee's or applicant's 22 written consent. A public official or authorized representative may inspect 23 and copy his personnel records, except for material used to screen and test 24 for employment. 25 (2) Retired employees' and retired public officials' home addresses, home 26 telephone numbers and other financial and nonfinancial membership records; 27 active and inactive member financial and membership records and mortgage port- 28 folio loan documents maintained by the public employee retirement system. 29 Financial statements prepared by retirement system staff, funding agents and 30 custodians concerning the investment of assets of the public employee retire- 31 ment system of Idaho are not considered confidential under this chapter. 32 (3) Information and records submitted to the Idaho state lottery for the 33 performance of background investigations of employees, lottery retailers and 34 major procurement contractors; audit records of lottery retailers, vendors and 35 major procurement contractors submitted to or performed by the Idaho state 36 lottery; validation and security tests of the state lottery for lottery games; 37 business records and information submitted pursuant to sections 67-7412(8) and 38 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 39 obtained and held for the purposes of lottery security and investigative 40 action as determined by lottery rules unless the public interest in disclosure 41 substantially outweighs the private need for protection from public disclo- 42 sure. 43 (4) Records of a personal nature as follows: 2 1 (a) Records of personal debt filed with a public agency pursuant to law; 2 (b) Personal bank records compiled by a public depositor for the purpose 3 of public funds transactions conducted pursuant to law; 4 (c) Records of ownership of financial obligations and instruments of a 5 public agency, such as bonds, compiled by the public agency pursuant to 6 law; 7 (d) Records, with regard to the ownership of, or security interests in, 8 registered public obligations; 9 (e) Vital statistics records. 10 (5) Information in an income or other tax return measured by items of 11 income or sales, which is gathered by a public agency for the purpose of 12 administering the tax, except such information to the extent disclosed in a 13 written decision of the tax commission pursuant to a taxpayer protest of a 14 deficiency determination by the tax commission, under the provisions of sec- 15 tion 63-3045B, Idaho Code. 16 (6) Records of a personal nature related directly or indirectly to the 17 application for and provision of statutory services rendered to persons apply- 18 ing for public care for the elderly, indigent, or mentally or physically hand- 19 icapped, or participation in an environmental or a public health study, pro- 20 vided the provisions of this subsection making records exempt from disclosure 21 shall not apply to the extent that such records or information contained in 22 those records are necessary for a background check on an individual that is 23 required by federal law regulating the sale of firearms, guns or ammunition. 24 (7) Employment security information and unemployment insurance benefit 25 information, except that all interested parties may agree to waive the exemp- 26 tion. 27 (8) Any personal records, other than names, business addresses and busi- 28 ness phone numbers, such as parentage, race, religion, sex, height, weight, 29 tax identification and social security numbers, financial worth or medical 30 condition submitted to any public agency pursuant to a statutory requirement 31 for licensing, certification, permit or bonding. 32 (9) Unless otherwise provided by agency rule, information obtained as 33 part of an inquiry into a person's fitness to be granted or retain a license, 34 certificate, permit, privilege, commission or position, private association 35 peer review committee records authorized in title 54, Idaho Code. Any agency 36 which has records exempt from disclosure under the provisions of this subsec- 37 tion shall annually make available a statistical summary of the number and 38 types of matters considered and their disposition. 39 (10) The records, finding, determinations and decision of any prelitiga- 40 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 41 (11) Board of professional discipline reprimands by informal admonition 42 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 43 (12) Records of the department of health and welfare or a public health 44 district that identify a person infected with a reportable disease. 45 (13) Records of hospital care, medical records, records of psychiatric 46 care or treatment and professional counseling records relating to an 47 individual's condition, diagnosis, care or treatment, provided the provisions 48 of this subsection making records exempt from disclosure shall not apply to 49 the extent that such records or information contained in those records are 50 necessary for a background check on an individual that is required by federal 51 law regulating the sale of firearms, guns or ammunition. 52 (14) Information collected pursuant to the directory of new hires act, 53 chapter 16, title 72, Idaho Code. 54 (15) Personal information contained in motor vehicle and driver records 55 that is exempt from disclosure under the provisions of chapter 2, title 49, 3 1 Idaho Code. 2 (16) Records of the financial status of prisoners pursuant to subsection 3 (2) of section 20-607, Idaho Code. 4 (17) Records of the department of law enforcement or department of correc- 5 tion received or maintained pursuant to section 19-5514, Idaho Code, relating 6 to DNA databases and databanks. 7 (18) Records of the department of health and welfare relating to a survey, 8 resurvey or complaint investigation of a licensed nursing facility shall be 9 exempt from disclosure. Such records shall, however, be subject to disclosure 10 as public records on and after the fourteenth day following the date that 11 department of health and welfare representatives officially exit the facility 12 pursuant to federal regulations. Provided however, that for purposes of confi- 13 dentiality, no record shall be released under this section which specifically 14 identifies any nursing facility resident. 15 (189) Records and information contained in the registry of immunizations 16 against childhood diseases maintained in the department of health and welfare, 17 including information disseminated to others from the registry by the depart- 18 ment of health and welfare. 19 (20) Records of the department of health and welfare related to child sup- 20 port services in cases in which there is reasonable evidence of domestic vio- 21 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to 22 locate any individuals in the child support case except in response to a court 23 order. 24 SECTION 2. This act shall be in full force and effect on and after July 25 1, 2000.
AH0417
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Sali
Seconded by Gould
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 417
1 AMENDMENT TO SECTION 1
2 On page 3 of the printed bill, in line 20, delete "of known or suspected"
3 and insert: "in which there is reasonable evidence of".
STATEMENT OF PURPOSE
RS09325
Idaho's current public records law does not appear to meet federal
confidentiality requirements for child support cases. This
addition to the statute would allow the Department to protect
records from public disclosure in accordance with federal
requirements.
FISCAL IMPACT
If passed, this would clarify which records are exempt from
disclosure.
CONTACT
Name: Tamara Priscok
Agency: Dept. of Health and Welfare
Phone: 334-5815
Statement of Purpose/Fiscal Impact H041