2000 Legislation
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HOUSE BILL NO. 417, As Amended – Domestic violence record not discls

HOUSE BILL NO. 417, As Amended

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Daily Data Tracking History

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
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE BILL NO. 417, As Amended
                                       BY MR. SPEAKER
                       Requested by: Department of Health and Welfare
  1                                        AN ACT
  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:
 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:
  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,
  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.


  ||||              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 / Fiscal Impact

                     STATEMENT  OF  PURPOSE
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

                         FISCAL  IMPACT
If passed, this would clarify which records are exempt from

Name:     Tamara Priscok
Agency:        Dept. of Health and Welfare
Phone:         334-5815

Statement of Purpose/Fiscal Impact                                    H041