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H0654aa....................................................by STATE AFFAIRS
IDAHO HOUSING AND FINANCE ASSOCIATION - Amends existing law to define
"independent public body corporate and politic" and to redefine terms; to
specify records of the Idaho Housing and Finance Association as an
independent public body corporate and politic which are exempt from
disclosure; and to reaffirm that the Idaho Housing and Finance Association
is not a state or local agency for purposes of law.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to St Aff
03/09 Rpt out - to Gen Ord
Rpt out amen - to engros
03/10 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Black, Geddes, Hansen(23), Hansen(29), McKague,
Ringo, Mr Speaker
Floor Sponsor - Barrett
Title apvd - to Senate
03/15 Senate intro - 1st rdg as amen - to St Aff
03/21 Rpt out - rec d/p - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Risch
Title apvd - to House
04/04 To enrol - rpt enrol - Sp signed
04/05 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 342
Effective: 07/01/00
H0654
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 654, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO RECORDS OF THE IDAHO HOUSING AND FINANCE ASSOCIATION; AMENDING
3 SECTION 9-337, IDAHO CODE, TO DEFINE "INDEPENDENT PUBLIC BODY CORPORATE
4 AND POLITIC" AND TO PROVIDE PROPER TERMINOLOGY IN THE DEFINITIONS OF
5 "CUSTODIAN," "INVESTIGATORY RECORD," "PUBLIC OFFICIAL" AND "PUBLIC
6 RECORD"; AMENDING SECTIONS 9-338 AND 9-339, IDAHO CODE, TO PROVIDE PROPER
7 TERMINOLOGY; AMENDING SECTION 9-340B, IDAHO CODE, TO PROVIDE A CORRECT
8 CODE REFERENCE; AMENDING SECTION 9-340C, IDAHO CODE, TO SPECIFY RECORDS OF
9 THE IDAHO HOUSING AND FINANCE ASSOCIATION AS AN INDEPENDENT PUBLIC BODY
10 CORPORATE AND POLITIC WHICH ARE EXEMPT FROM DISCLOSURE AND TO MAKE TECHNI-
11 CAL CORRECTIONS; AMENDING SECTION 9-340D, IDAHO CODE, TO EXPAND THE LIST
12 OF PRODUCTION RECORDS WHICH ARE EXEMPT FROM DISCLOSURE AND TO INCLUDE
13 RECORDS SUBMITTED TO OR OTHERWISE OBTAINED BY AN INDEPENDENT PUBLIC BODY
14 CORPORATE AND POLITIC AND TO PROVIDE PROPER TERMINOLOGY; AMENDING SECTIONS
15 9-341 AND 9-342, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE
16 TECHNICAL CORRECTIONS; AMENDING SECTIONS 9-343, 9-346, 9-347 AND 9-348,
17 IDAHO CODE, TO PROVIDE PROPER TERMINOLOGY; AMENDING SECTION 67-5241, IDAHO
18 CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND AMENDING SECTION 67-6226,
19 IDAHO CODE, TO REAFFIRM THAT THE ASSOCIATION IS NOT A STATE OR LOCAL
20 AGENCY FOR PURPOSES OF LAW AND TO DELETE PROVISIONS RELATIVE TO PUBLIC
21 DISCLOSURE OF ITS RECORDS.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 9-337, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 9-337. DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code:
26 (1) "Copy" means transcribing by handwriting, photocopying, duplicating
27 machine and reproducing by any other means so long as the public record is not
28 altered or damaged.
29 (2) "Custodian" means the person having personal custody and control of
30 the public records in question. If no such designation is made by the public
31 agency or independent public body corporate and politic, then custodian means
32 any public official having custody of, control of, or authorized access to
33 public records and includes all delegates of such officials, employees or rep-
34 resentatives.
35 (3) "Independent public body corporate and politic" means the Idaho hous-
36 ing and finance association as created in chapter 62, title 67, Idaho Code.
37 (4) "Inspect" means the right to listen, view and make notes of public
38 records as long as the public record is not altered or damaged.
39 (45) "Investigatory record" means information with respect to an identi-
40 fiable person, group of persons or entities compiled by a public agency or
41 independent public body corporate and politic pursuant to its statutory
42 authority in the course of investigating a specific act, omission, failure to
43 act, or other conduct over which the public agency or independent public body
2
1 corporate and politic has regulatory authority or law enforcement authority.
2 over.
3 (56) "Law enforcement agency" means any state or local agency given law
4 enforcement powers or which has authority to investigate, enforce, prosecute
5 or punish violations of state or federal criminal statutes, ordinances or reg-
6 ulations.
7 (67) "Local agency" means a county, city, school district, municipal cor-
8 poration, district, public health district, political subdivision, or any
9 agency thereof, or any committee of a local agency, or any combination
10 thereof.
11 (78) "Person" means any natural person, corporation, partnership, firm,
12 association, joint venture, state or local agency or any other recognized
13 legal entity.
14 (89) "Public agency" means any state or local agency as defined in this
15 section.
16 (910) "Public official" means any state, county, local district, indepen-
17 dent public body corporate and politic or governmental official or employee,
18 whether elected, appointed or hired.
19 (101) "Public record" includes, but is not limited to, any writing con-
20 taining information relating to the conduct or administration of the public's
21 business prepared, owned, used or retained by any state agency, independent
22 public body corporate and politic or local agency regardless of physical form
23 or characteristics.
24 (112) "State agency" means every state officer, department, division,
25 bureau, commission and board or any committee of a state agency including
26 those in the legislative or judicial branch, except the state militia.
27 (123) "Writing" includes, but is not limited to, handwriting, typewriting,
28 printing, photostating, photographing and every means of recording, including
29 letters, words, pictures, sounds or symbols or combination thereof, and all
30 papers, maps, magnetic or paper tapes, photographic films and prints, mag-
31 netic or punched cards, discs, drums or other documents.
32 SECTION 2. That Section 9-338, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 9-338. PUBLIC RECORDS -- RIGHT TO EXAMINE. (1) Every person has a right
35 to examine and take a copy of any public record of this state and there is a
36 presumption that all public records in Idaho are open at all reasonable times
37 for inspection except as otherwise expressly provided by statute.
38 (2) The right to copy public records shall include the right to make pho-
39 tographs or photographic or other copies while the records are in the posses-
40 sion of the custodian of the records using equipment provided by the public
41 agency or independent public body corporate and politic or using equipment
42 designated by the custodian.
43 (3) Additionally, the custodian of any public record shall give the per-
44 son, on demand, a certified copy of it if the record is of a nature permitting
45 such copying or shall furnish reasonable opportunity to inspect or copy such
46 record.
47 (4) The custodian shall make no inquiry of any person who applies for a
48 public record, except to verify the identity of a person requesting a record
49 in accordance with section 9-342, Idaho Code, to ensure that the requested
50 record or information will not be used for purposes of a mailing or telephone
51 list prohibited by section 9-348, Idaho Code, or as otherwise provided by law.
52 The person may be required to make a written request and provide their name, a
53 mailing address and telephone number. [The custodian shall make no inquiry of
3
1 any person who applies for a public record, except that the person may be
2 required to make a written request and provide a mailing address and telephone
3 number, and except as required for purposes of protecting personal information
4 from disclosure under chapter 2, title 49, Idaho Code, and federal law.]
5 (5) The custodian shall not review, examine or scrutinize any copy, pho-
6 tograph or memoranda in the possession of any such person and shall extend to
7 the person all reasonable comfort and facility for the full exercise of the
8 right granted under this act.
9 (6) Nothing herein contained shall prevent the custodian from maintaining
10 such vigilance as is required to prevent alteration of any public record while
11 it is being examined.
12 (7) Examination of public records under the authority of this section
13 must be conducted during regular office or working hours unless the custodian
14 shall authorize examination of records in other than regular office or working
15 hours. In this event, the persons designated to represent the custodian during
16 such examination shall be entitled to reasonable compensation to be paid to
17 them by the public agency or independent public body corporate and politic
18 having custody of such records, out of funds provided in advance by the person
19 examining such records, at other than regular office or working hours.
20 (8) (a) A public agency or independent public body corporate and politic
21 or public official may establish a copying fee schedule. The fee may not
22 exceed the actual cost to the agency of copying the record if another fee
23 is not otherwise provided by law. The actual cost shall not include any
24 administrative or labor costs resulting from locating and providing a copy
25 of the public record; provided however, that a public agency or indepen-
26 dent public body corporate and politic or public official may establish a
27 fee to recover the actual labor cost associated with locating and copying
28 documents if:
29 (i) The request is for more than one hundred (100) pages of paper
30 records; or
31 (ii) The request includes records from which nonpublic information
32 must be deleted; or
33 (iii) The actual labor associated with locating and copying documents
34 for a request exceeds two (2) person hours.
35 (b) For providing a duplicate of a computer tape, computer disc, micro-
36 film or similar or analogous record system containing public record infor-
37 mation, a public agency or independent public body corporate and politic
38 or public official may charge a fee, uniform to all persons that does not
39 exceed the sum of the following:
40 (i) The agency's direct cost of copying the information in that
41 form;
42 (ii) The standard cost, if any, for selling the same information in
43 the form of a publication.
44 The custodian may require advance payment of the cost of copying. Any
45 money received by the public agency or independent public body corporate
46 and politic shall be credited to the account for which the expense being
47 reimbursed was or will be charged, and such funds may be expended by the
48 agency as part of its appropriation from that fund.
49 (c) The public agency or independent public body corporate and politic
50 may not charge any cost or fee for copies or labor when the requester
51 demonstrates either:
52 (i) The inability to pay; or
53 (ii) That the public's interest or the public's understanding of the
54 operations or activities of government or its records would suffer by
55 the assessment or collection of any fee.
4
1 (9) A public agency or independent public body corporate and politic
2 shall not prevent the examination or copying of a public record by contracting
3 with a nongovernmental body to perform any of its duties or functions.
4 (10) Nothing contained herein shall prevent a public agency or independent
5 public body corporate and politic from disclosing statistical information that
6 is not descriptive of an identifiable person or persons.
7 SECTION 3. That Section 9-339, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 9-339. RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS. (1) A pub-
10 lic agency or independent public body corporate and politic shall either grant
11 or deny a person's request to examine or copy public records within three (3)
12 working days of the date of the receipt of the request for examination or
13 copying. If it is determined by employees of the public agency or independent
14 public body corporate and politic that a longer period of time is needed to
15 locate or retrieve the public records, the public agency or independent public
16 body corporate and politic shall so notify in writing the person requesting to
17 examine or copy the records and shall provide the public records to the person
18 no later than ten (10) working days following the person's request.
19 (2) If the public agency or independent public body corporate and politic
20 fails to respond, the request shall be deemed to be denied within ten (10)
21 working days following the request.
22 (3) If the public agency or independent public body corporate and politic
23 denies the person's request for examination or copying the public records or
24 denies in part and grants in part the person's request for examination and
25 copying of the public records, the person legally responsible for administer-
26 ing the public agency or independent public body corporate and politic or that
27 person's designee shall notify the person in writing of the denial or partial
28 denial of the request for the public record.
29 (4) The notice of denial or partial denial shall state that the attorney
30 for the public agency or independent public body corporate and politic has
31 reviewed the request or shall state that the public agency or independent pub-
32 lic body corporate and politic has had an opportunity to consult with an
33 attorney regarding the request for examination or copying of a record and has
34 chosen not to do so. The notice of denial or partial denial also shall indi-
35 cate the statutory authority for the denial and indicate clearly the person's
36 right to appeal the denial or partial denial and the time periods for doing
37 so.
38 SECTION 4. That Section 9-340B, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
41 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
42 exempt from disclosure:
43 (1) Investigatory records of a law enforcement agency, as defined in sec-
44 tion 9-337(56), Idaho Code, under the conditions set forth in section 9-335,
45 Idaho Code.
46 (2) Juvenile records of a person maintained pursuant to chapter 5, title
47 20, Idaho Code, except that facts contained in such records shall be furnished
48 upon request in a manner determined by the court to persons and governmental
49 and private agencies and institutions conducting pertinent research studies or
50 having a legitimate interest in the protection, welfare and treatment of the
51 juvenile who is thirteen (13) years of age or younger. If the juvenile is
5
1 petitioned or charged with an offense which would be a criminal offense if
2 committed by an adult, the name, offense of which the juvenile was petitioned
3 or charged and disposition of the court shall be subject to disclosure as pro-
4 vided in section 20-525, Idaho Code. Additionally, facts contained in any
5 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
6 be furnished upon request to any school district where the juvenile is
7 enrolled or is seeking enrollment.
8 (3) (a) Records of the department of correction or the commission of par-
9 dons and parole to the extent that disclosure thereof would interfere with
10 the secure and orderly conduct of their operations, or the rehabilitation
11 of any person in the custody of the department of correction or on parole,
12 or would substantially prejudice or prevent the carrying out of the func-
13 tions of the department of correction or the commission of pardons and
14 parole if the public interest in confidentiality clearly outweighs the
15 public interest in disclosure. Records exempt from disclosure shall
16 include, but not be limited to, those containing the names and addresses
17 of witnesses or victims or those containing information identifying vic-
18 tims or witnesses.
19 (b) Operation manuals of county jails. "Operation manuals" are those
20 internal documents of any county jail that define the procedures utilized
21 to maintain security within the jail.
22 (4) Voting records of the sexual offender classification board. In accor-
23 dance with section 18-8315, Idaho Code, the written record of the vote to
24 classify an offender as a violent sexual predator by each board member in each
25 case reviewed by that board member shall be exempt from disclosure to the pub-
26 lic and shall be made available upon request only to the governor, the chair-
27 man of the senate judiciary and rules committee, and the chairman of the house
28 of representatives judiciary, rules and administration committee, for all law-
29 ful purposes.
30 (5) Records of the sheriff or department of law enforcement received or
31 maintained pursuant to section 18-3302, Idaho Code, relating to an applicant
32 or licensee.
33 (6) Records of investigations prepared by the department of health and
34 welfare pursuant to its statutory responsibilities dealing with the protection
35 of children, the rehabilitation of youth, adoptions and the commitment of
36 mentally ill persons.
37 (7) Records including, but not limited to, investigative reports, result-
38 ing from investigations conducted into complaints of discrimination made to
39 the Idaho human rights commission unless the public interest in allowing
40 inspection and copying of such records outweighs the legitimate public or pri-
41 vate interest in maintaining confidentiality of such records. A person may
42 inspect and copy documents from an investigative file to which he or she is a
43 named party if such documents are not otherwise prohibited from disclosure by
44 federal law or regulation or state law. The confidentiality of this subsection
45 will no longer apply to any record used in any judicial proceeding brought by
46 a named party to the complaint or investigation, or by the Idaho human rights
47 commission, relating to the complaint of discrimination.
48 (8) Records containing information obtained by the manager of the Idaho
49 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
50 behalf of employers or employees contained in underwriting and claims for ben-
51 efits files.
52 (9) The worker's compensation records of the Idaho industrial commission
53 provided that the industrial commission shall make such records available:
54 (a) To the parties in any worker's compensation claim and to the indus-
55 trial special indemnity fund of the state of Idaho; or
6
1 (b) To employers and prospective employers subject to the provisions of
2 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
3 limitations, who certify that the information is being requested with
4 respect to a worker to whom the employer has extended an offer of employ-
5 ment and will be used in accordance with the provisions of the Americans
6 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
7 (c) To employers and prospective employers not subject to the provisions
8 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
9 tory limitations, provided the employer presents a written authorization
10 from the person to whom the records pertain; or
11 (d) To others who demonstrate that the public interest in allowing
12 inspection and copying of such records outweighs the public or private
13 interest in maintaining the confidentiality of such records, as determined
14 by a civil court of competent jurisdiction.
15 (10) Records of investigations compiled by the commission on aging involv-
16 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
17 be abused, neglected or exploited.
18 (11) Criminal history records and fingerprints, as defined by section
19 67-3001, Idaho Code, and compiled by the department of law enforcement. Such
20 records shall be released only in accordance with chapter 30, title 67, Idaho
21 Code.
22 SECTION 5. That Section 9-340C, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
25 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
26 are exempt from disclosure:
27 (1) Except as provided in this subsection, all personnel records of a
28 current or former public official other than the public official's public ser-
29 vice or employment history, classification, pay grade and step, longevity,
30 gross salary and salary history, status, workplace and employing agency. All
31 other personnel information relating to a public employee or applicant includ-
32 ing, but not limited to, information regarding sex, race, marital status,
33 birth date, home address and telephone number, applications, testing and
34 scoring materials, grievances, correspondence and performance evaluations,
35 shall not be disclosed to the public without the employee's or applicant's
36 written consent. A public official or authorized representative may inspect
37 and copy his personnel records, except for material used to screen and test
38 for employment.
39 (2) Retired employees' and retired public officials' home addresses, home
40 telephone numbers and other financial and nonfinancial membership records;
41 active and inactive member financial and membership records and mortgage port-
42 folio loan documents maintained by the public employee retirement system.
43 Financial statements prepared by retirement system staff, funding agents and
44 custodians concerning the investment of assets of the public employee retire-
45 ment system of Idaho are not considered confidential under this chapter.
46 (3) Information and records submitted to the Idaho state lottery for the
47 performance of background investigations of employees, lottery retailers and
48 major procurement contractors; audit records of lottery retailers, vendors and
49 major procurement contractors submitted to or performed by the Idaho state
50 lottery; validation and security tests of the state lottery for lottery games;
51 business records and information submitted pursuant to sections 67-7412(8) and
52 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
53 obtained and held for the purposes of lottery security and investigative
7
1 action as determined by lottery rules unless the public interest in disclosure
2 substantially outweighs the private need for protection from public disclo-
3 sure.
4 (4) Records of a personal nature as follows:
5 (a) Records of personal debt filed with a public agency or independent
6 public body corporate and politic pursuant to law;
7 (b) Personal bank records compiled by a public depositor for the purpose
8 of public funds transactions conducted pursuant to law;
9 (c) Records of ownership of financial obligations and instruments of a
10 public agency or independent public body corporate and politic, such as
11 bonds, compiled by the public agency or independent public body corporate
12 and politic pursuant to law;
13 (d) Records, with regard to the ownership of, or security interests in,
14 registered public obligations;
15 (e) Vital statistics records.
16 (5) Information in an income or other tax return measured by items of
17 income or sales, which is gathered by a public agency for the purpose of
18 administering the tax, except such information to the extent disclosed in a
19 written decision of the tax commission pursuant to a taxpayer protest of a
20 deficiency determination by the tax commission, under the provisions of sec-
21 tion 63-3045B, Idaho Code.
22 (6) Records of a personal nature related directly or indirectly to the
23 application for and provision of statutory services rendered to persons apply-
24 ing for public care for the elderly, indigent, or mentally or physically hand-
25 icapped, or participation in an environmental or a public health study, pro-
26 vided the provisions of this subsection making records exempt from disclosure
27 shall not apply to the extent that such records or information contained in
28 those records are necessary for a background check on an individual that is
29 required by federal law regulating the sale of firearms, guns or ammunition.
30 (7) Employment security information and unemployment insurance benefit
31 information, except that all interested parties may agree to waive the exemp-
32 tion.
33 (8) Any personal records, other than names, business addresses and busi-
34 ness phone numbers, such as parentage, race, religion, sex, height, weight,
35 tax identification and social security numbers, financial worth or medical
36 condition submitted to any public agency or independent public body corporate
37 and politic pursuant to a statutory requirement for licensing, certification,
38 permit or bonding.
39 (9) Unless otherwise provided by agency rule, information obtained as
40 part of an inquiry into a person's fitness to be granted or retain a license,
41 certificate, permit, privilege, commission or position, private association
42 peer review committee records authorized in title 54, Idaho Code. Any agency
43 which has records exempt from disclosure under the provisions of this subsec-
44 tion shall annually make available a statistical summary of the number and
45 types of matters considered and their disposition.
46 (10) The records, findings, determinations and decisions of any prelitiga-
47 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
48 (11) Board of professional discipline reprimands by informal admonition
49 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
50 (12) Records of the department of health and welfare or a public health
51 district that identify a person infected with a reportable disease.
52 (13) Records of hospital care, medical records, records of psychiatric
53 care or treatment and professional counseling records relating to an
54 individual's condition, diagnosis, care or treatment, provided the provisions
55 of this subsection making records exempt from disclosure shall not apply to
8
1 the extent that such records or information contained in those records are
2 necessary for a background check on an individual that is required by federal
3 law regulating the sale of firearms, guns or ammunition.
4 (14) Information collected pursuant to the directory of new hires act,
5 chapter 16, title 72, Idaho Code.
6 (15) Personal information contained in motor vehicle and driver records
7 that is exempt from disclosure under the provisions of chapter 2, title 49,
8 Idaho Code.
9 (16) Records of the financial status of prisoners pursuant to subsection
10 (2) of section 20-607, Idaho Code.
11 (17) Records of the department of law enforcement or department of correc-
12 tion received or maintained pursuant to section 19-5514, Idaho Code, relating
13 to DNA databases and databanks.
14 (18) Records of the department of health and welfare relating to a survey,
15 resurvey or complaint investigation of a licensed nursing facility shall be
16 exempt from disclosure. Such records shall, however, be subject to disclosure
17 as public records on and after the fourteenth day following the date that
18 department of health and welfare representatives officially exit the facility
19 pursuant to federal regulations. Provided however, that for purposes of confi-
20 dentiality, no record shall be released under this section which specifically
21 identifies any nursing facility resident.
22 (189) Records and information contained in the registry of immunizations
23 against childhood diseases maintained in the department of health and welfare,
24 including information disseminated to others from the registry by the depart-
25 ment of health and welfare.
26 (20) Records of the Idaho housing and finance association (IHFA) relating
27 to the following:
28 (a) Records containing personal financial, family, health or similar per-
29 sonal information submitted to or otherwise obtained by the IHFA;
30 (b) Records submitted to or otherwise obtained by the IHFA with regard to
31 obtaining and servicing mortgage loans and all records relating to the
32 review, approval or rejection by the IHFA of said loans;
33 (c) Mortgage portfolio loan documents;
34 (d) Records of a current or former employee other than the employee's
35 duration of employment with the association, position held and location of
36 employment. This exemption from disclosure does not include the contracts
37 of employment or any remuneration, including reimbursement of expenses, of
38 the executive director, executive officers or commissioners of the associ-
39 ation. All other personnel information relating to an association employee
40 or applicant including, but not limited to, information regarding sex,
41 race, marital status, birth date, home address and telephone number,
42 applications, testing and scoring materials, grievances, correspondence,
43 retirement plan information and performance evaluations, shall not be dis-
44 closed to the public without the employee's or applicant's written con-
45 sent. An employee or authorized representative may inspect and copy that
46 employee's personnel records, except for material used to screen and test
47 for employment or material not subject to disclosure elsewhere in the
48 Idaho public records act.
49 SECTION 6. That Section 9-340D, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION
52 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
53 exempt from disclosure:
9
1 (1) Trade secrets including those contained in response to public agency
2 or independent public body corporate and politic requests for proposal,
3 requests for clarification, requests for information and similar requests.
4 "Trade secrets" as used in this section means information, including a for-
5 mula, pattern, compilation, program, computer program, device, method, tech-
6 nique, process, or unpublished or in progress research that:
7 (a) Derives independent economic value, actual or potential, from not
8 being generally known to, and not being readily ascertainable by proper
9 means by other persons who can obtain economic value from its disclosure
10 or use; and
11 (b) Is the subject of efforts that are reasonable under the circumstances
12 to maintain its secrecy.
13 (2) Production records, housing production, rental and financing records,
14 sale or purchase records, catch records, mortgage portfolio loan documents, or
15 similar business records of a private concern or enterprise required by law to
16 be submitted to or inspected by a public agency or submitted to or otherwise
17 obtained by an independent public body corporate and politic. Nothing in this
18 subsection shall limit the use which can be made of such information for regu-
19 latory purposes or its admissibility in any enforcement proceeding.
20 (3) Records relating to the appraisal of real property, timber or mineral
21 rights prior to its acquisition, sale or lease by a public agency or indepen-
22 dent public body corporate and politic.
23 (4) Any estimate prepared by a public agency or independent public body
24 corporate and politic that details the cost of a public project until such
25 time as disclosed or bids are opened, or upon award of the contract for con-
26 struction of the public project.
27 (5) Examination, operating or condition reports and all documents relat-
28 ing thereto, prepared by or supplied to any public agency or independent pub-
29 lic body corporate and politic responsible for the regulation or supervision
30 of financial institutions including, but not limited to, banks, savings and
31 loan associations, regulated lenders, business and industrial development cor-
32 porations, credit unions, and insurance companies, or for the regulation or
33 supervision of the issuance of securities.
34 (6) Records gathered by a local agency or the Idaho department of com-
35 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
36 pose of assisting a person to locate, maintain, invest in, or expand business
37 operations in the state of Idaho.
38 (7) Shipping and marketing records of commodity commissions used to eval-
39 uate marketing and advertising strategies and the names and addresses of grow-
40 ers and shippers maintained by commodity commissions.
41 (8) Financial statements and business information and reports submitted
42 by a legal entity to a port district organized under title 70, Idaho Code, in
43 connection with a business agreement, or with a development proposal or with a
44 financing application for any industrial, manufacturing, or other business
45 activity within a port district.
46 (9) Names and addresses of seed companies, seed crop growers, seed crop
47 consignees, locations of seed crop fields, variety name and acreage by vari-
48 ety. Upon the request of the owner of the proprietary variety, this informa-
49 tion shall be released to the owner. Provided however, that if a seed crop has
50 been identified as diseased or has been otherwise identified by the Idaho
51 department of agriculture, other state departments of agriculture, or the
52 United States department of agriculture to represent a threat to that particu-
53 lar seed or commercial crop industry or to individual growers, information as
54 to test results, location, acreage involved and disease symptoms of that par-
55 ticular seed crop, for that growing season, shall be available for public
10
1 inspection and copying. This exemption shall not supersede the provisions of
2 section 22-436, Idaho Code.
3 (10) Information obtained from books, records and accounts required in
4 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
5 rapeseed commission and pertaining to the individual production records of ca-
6 nola or rapeseed growers.
7 (11) Records of any risk retention or self-insurance program prepared in
8 anticipation of litigation or for analysis of or settlement of potential or
9 actual money damage claims against a public entity and its employees or
10 against the industrial special indemnity fund except as otherwise discoverable
11 under the Idaho or federal rules of civil procedure. These records shall
12 include, but are not limited to, claims evaluations, investigatory records,
13 computerized reports of losses, case reserves, internal documents and corre-
14 spondence relating thereto. At the time any claim is concluded, only statisti-
15 cal data and actual amounts paid in settlement shall be deemed a public record
16 unless otherwise ordered to be sealed by a court of competent jurisdiction.
17 Provided however, nothing in this subsection is intended to limit the attorney
18 client privilege or attorney work product privilege otherwise available to any
19 public agency or independent public body corporate and politic.
20 (12) Records of laboratory test results provided by or retained by the
21 Idaho food quality assurance laboratory. Nothing in this subsection shall
22 limit the use which can be made, or availability of such information if used,
23 for regulatory purposes or its admissibility in any enforcement proceeding.
24 (13) Reports required to be filed under chapter 13, title 62, Idaho Code,
25 identifying electrical or natural or manufactured gas consumption data for
26 an individual customer or account.
27 (14) Voluntarily prepared environmental audits, and voluntary disclosures
28 of information submitted on or before December 31, 1997, to an environmental
29 agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
30 dential business information.
31 (15) Computer programs developed or purchased by or for any public agency
32 or independent public body corporate and politic for its own use. As used in
33 this subsection, "computer program" means a series of instructions or state-
34 ments which permit the functioning of a computer system in a manner designed
35 to provide storage, retrieval and manipulation of data from the computer sys-
36 tem, and any associated documentation and source material that explain how to
37 operate the computer program. Computer program does not include:
38 (a) The original data including, but not limited to, numbers, text,
39 voice, graphics and images;
40 (b) Analysis, compilation and other manipulated forms of the original
41 data produced by use of the program; or
42 (c) The mathematical or statistical formulas that would be used if the
43 manipulated forms of the original data were to be produced manually.
44 (16) Active investigative records and trademark usage audits of the Idaho
45 potato commission specifically relating to the enforcement of chapter 12,
46 title 22, Idaho Code, until the commencement of formal proceedings as provided
47 by rules of the commission; purchase and sales information submitted to the
48 Idaho potato commission during a trademark usage audit, and investigation or
49 enforcement proceedings. Inactive investigatory records shall be disclosed
50 unless the disclosure would violate the standards set forth in subsections
51 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection
52 shall limit the use which can be made, or availability of such information if
53 used, for regulatory purposes or its admissibility in any enforcement proceed-
54 ing.
11
1 SECTION 7. That Section 9-341, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 9-341. EXEMPT AND NONEXEMPT PUBLIC RECORDS TO BE SEPARATED. If any public
4 record contains material which is not exempt from disclosure as well as mate-
5 rial which is exempt from disclosure, the public agency or independent public
6 body corporate and politic shall, upon receipt of a request for disclosure,
7 separate the exempt and nonexempt material and make the nonexempt material
8 available for examination, provided that a denial of a request to copy non-
9 exempt material in a public record shall not be based upon the fact that such
10 nonexempt material is contained in the same public record as the exempt mate-
11 rial.
12 SECTION 8. That Section 9-342, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 9-342. ACCESS TO RECORDS ABOUT A PERSON BY A PERSON. (1) A person may
15 inspect and copy the records of a public agency or independent public body
16 corporate and politic pertaining to that person, even if the record is other-
17 wise exempt from public disclosure.
18 (2) A person may request in writing an amendment of any record pertaining
19 to that person. Within ten (10) days of the receipt of the request, the public
20 agency or independent public body corporate and politic shall either:
21 (a) Make any correction of any portion of the record which the person
22 establishes is not accurate, relevant, or complete; or
23 (b) Inform the person in writing of the refusal to amend in accordance
24 with the request and the reasons for the refusal, and indicate clearly the
25 person's right to appeal the refusal and the time period for doing so. The
26 procedures for appealing a refusal to amend shall be the same as those set
27 forth in sections 9-343 and 9-344, Idaho Code, and the court may award
28 reasonable costs and attorney's fees to the prevailing party or parties,
29 if it finds that the request for amendment or refusal to amend was frivo-
30 lously pursued.
31 (3) The right to inspect and amend records pertaining to oneself does not
32 include the right to review otherwise exempt investigatory records of a public
33 agency or independent public body corporate and politic if the investigation
34 is ongoing, information that is compiled in reasonable anticipation of a civil
35 action or proceeding which is not otherwise discoverable or the information
36 relates to adoption records or information which is otherwise exempt from dis-
37 closure by statute.
38 SECTION 9. That Section 9-343, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 9-343. PROCEEDINGS TO ENFORCE RIGHT TO EXAMINE OR TO RECEIVE A COPY OF
41 RECORDS -- RETENTION OF DISPUTED RECORDS. (1) The sole remedy for a person
42 aggrieved by the denial of a request for disclosure is to institute proceed-
43 ings in the district court of the county where the records or some part
44 thereof are located, to compel the public agency or independent public body
45 corporate and politic to make the information available for public inspection
46 in accordance with the provisions of this act. The petition contesting the
47 public agency's or independent public body corporate and politic's decision
48 shall be filed within one hundred eighty (180) calendar days from the date of
49 mailing of the notice of denial or partial denial by the public agency or
50 independent public body corporate and politic. The time for responsive plead-
12
1 ings and for hearings in such proceedings shall be set by the court at the
2 earliest possible time, or in no event beyond twenty-eight (28) calendar days
3 from the date of filing.
4 (2) The public agency or independent public body corporate and politic
5 shall keep all documents or records in question until the end of the appeal
6 period, until a decision has been rendered on the petition, or as otherwise
7 statutorily provided, whichever is longer.
8 (3) Nothing contained in this act shall limit the availability of docu-
9 ments and records for discovery in the normal course of judicial or adminis-
10 trative adjudicatory proceedings, subject to the law and rules of evidence and
11 of discovery governing such proceedings.
12 SECTION 10. That Section 9-346, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 9-346. IMMUNITY. No public agency or independent public body corporate
15 and politic, public official, or custodian shall be liable, nor shall a cause
16 of action exist, for any loss or damage based upon the release of a public
17 record governed by the provisions of this chapter if the public agency or
18 independent public body corporate and politic, public official or custodian
19 acted in good faith in attempting to comply with the provisions of this chap-
20 ter.
21 SECTION 11. That Section 9-347, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 9-347. AGENCY GUIDELINES. By January 1, 1991, every state agency or inde-
24 pendent public body corporate and politic shall adopt guidelines that identify
25 the general subject matter of all public records kept or maintained by the
26 state agency or independent public body corporate and politic, the custodian,
27 and the physical location of such documents.
28 SECTION 12. That Section 9-348, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 9-348. PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER
31 LISTS -- PENALTY. (1) Except as provided in subsections (2), (3), (4), (5),
32 (6), (7) and (8) of this section, in order to protect the privacy of those who
33 deal with public agencies or an independent public body corporate and politic:
34 (a) No agency or independent public body corporate and politic may dis-
35 tribute or sell for use as a mailing list or a telephone number list any
36 list of persons without first securing the permission of those on the
37 list; and
38 (b) No list of persons prepared by the agency or independent public body
39 corporate and politic may be used as a mailing list or a telephone number
40 list except by the agency or independent public body corporate and politic
41 or another agency without first securing the permission of those on the
42 list.
43 (2) Except as may be otherwise provided in this chapter, this section
44 does not prevent an individual from compiling a mailing list or a telephone
45 number list by examination or copying of public records, original documents or
46 applications which are otherwise open to public inspection.
47 (3) The provisions of this section do not apply to the lists of regis-
48 tered electors compiled pursuant to title 34, Idaho Code, or to lists of the
49 names of employees governed by chapter 53, title 67, Idaho Code.
13
1 (4) The provisions of this section shall not apply to agencies which
2 issue occupational or professional licenses.
3 (5) This section does not apply to the right of access either by Idaho
4 law enforcement agencies or, by purchase or otherwise, of public records deal-
5 ing with motor vehicle registration.
6 (6) This section does not apply to a corporate information list developed
7 by the office of the secretary of state containing the name, address, regis-
8 tered agent, officers and directors of corporations authorized to do business
9 in this state or to a business information list developed by the department of
10 commerce containing the name, address, telephone number or other relevant
11 information of Idaho businesses or individuals requesting information regard-
12 ing the state of Idaho or to business lists developed by the department of
13 agriculture, division of marketing and development, used to promote food and
14 agricultural products produced in Idaho.
15 (7) This section does not apply to lists to be used for ordinary utility
16 purposes which are requested by a person who supplies utility services in this
17 state. Ordinary utility purposes, as used in this chapter only, do not include
18 marketing or marketing research.
19 (8) This section does not apply to lists to be used to give notice
20 required by any statute, ordinance, rule, law or by any governing agency.
21 (9) If a court finds that a person or public official has deliberately
22 and in bad faith violated the provisions of subsection (1)(b) of this section,
23 the person or public official shall be liable for a civil penalty assessed by
24 the court in an amount not in excess of one thousand dollars ($1,000) which
25 shall be paid into the general account.
26 SECTION 13. That Section 67-5241, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 67-5241. INFORMAL DISPOSITION. (1) Unless prohibited by other provisions
29 of law:
30 (a) an agency or a presiding officer may decline to initiate a contested
31 case;
32 (b) any part of the evidence in a contested case may be received in writ-
33 ten form if doing so will expedite the case without substantially
34 prejudicing the interests of any party;
35 (c) informal disposition may be made of any contested case by negotia-
36 tion, stipulation, agreed settlement, or consent order. Informal settle-
37 ment of matters is to be encouraged;
38 (d) the parties may stipulate as to the facts, reserving the right to
39 appeal to a court of competent jurisdiction on issues of law.
40 (2) An agency or a presiding officer may request such additional informa-
41 tion as required to decide whether to initiate or to decide a contested case
42 as provided in subsection (1) of this section.
43 (3) If an agency or a presiding officer declines to initiate or decide a
44 contested case under the provisions of this section, the agency or the officer
45 shall furnish a brief statement of the reasons for the decision to all persons
46 involved. This subsection does not apply to investigations or inquiries
47 directed to or performed by law enforcement agencies defined in section
48 9-337(56), Idaho Code.
49 (4) The agency may not abdicate its responsibility for any informal dis-
50 position of a contested case. Disposition of a contested case as provided in
51 this section is a final agency action.
52 SECTION 14. That Section 67-6226, Idaho Code, be, and the same is hereby
14
1 amended to read as follows:
2 67-6226. DISCLOSURE OF RECORDS NON-AGENCY STATUS. It is recognized that
3 the association is not, and has not been since its inception, a state or local
4 agency for purposes of Idaho law. including chapter 3, title 9, Idaho Code.
5 Therefore, in order to assure reasonable public disclosure of its records, the
6 association shall prepare and maintain a written policy, acceptable in form
7 and content to the governor, providing for the disclosure of its records to
8 the public. Prior to such policy or any amendments thereto becoming effective,
9 the association shall submit the same to the governor for his written
10 approval.
AH0654
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Stoicheff
Seconded by Ellsworth
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 654
1 AMENDMENT TO THE BILL
2 On page 1 of the printed bill, delete lines 11 through 43; on page 2,
3 delete lines 1 through 53; on page 3, delete lines 1 through 55; and on page
4 4, delete lines 1 through 27 and insert:
5 "SECTION 1. That Section 9-337, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 9-337. DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code:
8 (1) "Copy" means transcribing by handwriting, photocopying, duplicating
9 machine and reproducing by any other means so long as the public record is not
10 altered or damaged.
11 (2) "Custodian" means the person having personal custody and control of
12 the public records in question. If no such designation is made by the public
13 agency or independent public body corporate and politic, then custodian means
14 any public official having custody of, control of, or authorized access to
15 public records and includes all delegates of such officials, employees or rep-
16 resentatives.
17 (3) "Independent public body corporate and politic" means the Idaho hous-
18 ing and finance association as created in chapter 62, title 67, Idaho Code.
19 (4) "Inspect" means the right to listen, view and make notes of public
20 records as long as the public record is not altered or damaged.
21 (45) "Investigatory record" means information with respect to an identi-
22 fiable person, group of persons or entities compiled by a public agency or
23 independent public body corporate and politic pursuant to its statutory
24 authority in the course of investigating a specific act, omission, failure to
25 act, or other conduct over which the public agency or independent public body
26 corporate and politic has regulatory authority or law enforcement authority.
27 over.
28 (56) "Law enforcement agency" means any state or local agency given law
29 enforcement powers or which has authority to investigate, enforce, prosecute
30 or punish violations of state or federal criminal statutes, ordinances or reg-
31 ulations.
32 (67) "Local agency" means a county, city, school district, municipal cor-
33 poration, district, public health district, political subdivision, or any
34 agency thereof, or any committee of a local agency, or any combination
35 thereof.
36 (78) "Person" means any natural person, corporation, partnership, firm,
37 association, joint venture, state or local agency or any other recognized
38 legal entity.
39 (89) "Public agency" means any state or local agency as defined in this
40 section.
41 (910) "Public official" means any state, county, local district, indepen-
42 dent public body corporate and politic or governmental official or employee,
2
1 whether elected, appointed or hired.
2 (101) "Public record" includes, but is not limited to, any writing con-
3 taining information relating to the conduct or administration of the public's
4 business prepared, owned, used or retained by any state agency, independent
5 public body corporate and politic or local agency regardless of physical form
6 or characteristics.
7 (112) "State agency" means every state officer, department, division,
8 bureau, commission and board or any committee of a state agency including
9 those in the legislative or judicial branch, except the state militia.
10 (123) "Writing" includes, but is not limited to, handwriting, typewriting,
11 printing, photostating, photographing and every means of recording, including
12 letters, words, pictures, sounds or symbols or combination thereof, and all
13 papers, maps, magnetic or paper tapes, photographic films and prints, mag-
14 netic or punched cards, discs, drums or other documents.
15 SECTION 2. That Section 9-338, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 9-338. PUBLIC RECORDS -- RIGHT TO EXAMINE. (1) Every person has a right
18 to examine and take a copy of any public record of this state and there is a
19 presumption that all public records in Idaho are open at all reasonable times
20 for inspection except as otherwise expressly provided by statute.
21 (2) The right to copy public records shall include the right to make pho-
22 tographs or photographic or other copies while the records are in the posses-
23 sion of the custodian of the records using equipment provided by the public
24 agency or independent public body corporate and politic or using equipment
25 designated by the custodian.
26 (3) Additionally, the custodian of any public record shall give the per-
27 son, on demand, a certified copy of it if the record is of a nature permitting
28 such copying or shall furnish reasonable opportunity to inspect or copy such
29 record.
30 (4) The custodian shall make no inquiry of any person who applies for a
31 public record, except to verify the identity of a person requesting a record
32 in accordance with section 9-342, Idaho Code, to ensure that the requested
33 record or information will not be used for purposes of a mailing or telephone
34 list prohibited by section 9-348, Idaho Code, or as otherwise provided by law.
35 The person may be required to make a written request and provide their name, a
36 mailing address and telephone number. [The custodian shall make no inquiry of
37 any person who applies for a public record, except that the person may be
38 required to make a written request and provide a mailing address and telephone
39 number, and except as required for purposes of protecting personal information
40 from disclosure under chapter 2, title 49, Idaho Code, and federal law.]
41 (5) The custodian shall not review, examine or scrutinize any copy, pho-
42 tograph or memoranda in the possession of any such person and shall extend to
43 the person all reasonable comfort and facility for the full exercise of the
44 right granted under this act.
45 (6) Nothing herein contained shall prevent the custodian from maintaining
46 such vigilance as is required to prevent alteration of any public record while
47 it is being examined.
48 (7) Examination of public records under the authority of this section
49 must be conducted during regular office or working hours unless the custodian
50 shall authorize examination of records in other than regular office or working
51 hours. In this event, the persons designated to represent the custodian during
52 such examination shall be entitled to reasonable compensation to be paid to
53 them by the public agency or independent public body corporate and politic
3
1 having custody of such records, out of funds provided in advance by the person
2 examining such records, at other than regular office or working hours.
3 (8) (a) A public agency or independent public body corporate and politic
4 or public official may establish a copying fee schedule. The fee may not
5 exceed the actual cost to the agency of copying the record if another fee
6 is not otherwise provided by law. The actual cost shall not include any
7 administrative or labor costs resulting from locating and providing a copy
8 of the public record; provided however, that a public agency or indepen-
9 dent public body corporate and politic or public official may establish a
10 fee to recover the actual labor cost associated with locating and copying
11 documents if:
12 (i) The request is for more than one hundred (100) pages of paper
13 records; or
14 (ii) The request includes records from which nonpublic information
15 must be deleted; or
16 (iii) The actual labor associated with locating and copying documents
17 for a request exceeds two (2) person hours.
18 (b) For providing a duplicate of a computer tape, computer disc, micro-
19 film or similar or analogous record system containing public record infor-
20 mation, a public agency or independent public body corporate and politic
21 or public official may charge a fee, uniform to all persons that does not
22 exceed the sum of the following:
23 (i) The agency's direct cost of copying the information in that
24 form;
25 (ii) The standard cost, if any, for selling the same information in
26 the form of a publication.
27 The custodian may require advance payment of the cost of copying. Any
28 money received by the public agency or independent public body corporate
29 and politic shall be credited to the account for which the expense being
30 reimbursed was or will be charged, and such funds may be expended by the
31 agency as part of its appropriation from that fund.
32 (c) The public agency or independent public body corporate and politic
33 may not charge any cost or fee for copies or labor when the requester
34 demonstrates either:
35 (i) The inability to pay; or
36 (ii) That the public's interest or the public's understanding of the
37 operations or activities of government or its records would suffer by
38 the assessment or collection of any fee.
39 (9) A public agency or independent public body corporate and politic
40 shall not prevent the examination or copying of a public record by contracting
41 with a nongovernmental body to perform any of its duties or functions.
42 (10) Nothing contained herein shall prevent a public agency or independent
43 public body corporate and politic from disclosing statistical information that
44 is not descriptive of an identifiable person or persons.
45 SECTION 3. That Section 9-339, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 9-339. RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS. (1) A pub-
48 lic agency or independent public body corporate and politic shall either grant
49 or deny a person's request to examine or copy public records within three (3)
50 working days of the date of the receipt of the request for examination or
51 copying. If it is determined by employees of the public agency or independent
52 public body corporate and politic that a longer period of time is needed to
53 locate or retrieve the public records, the public agency or independent public
4
1 body corporate and politic shall so notify in writing the person requesting to
2 examine or copy the records and shall provide the public records to the person
3 no later than ten (10) working days following the person's request.
4 (2) If the public agency or independent public body corporate and politic
5 fails to respond, the request shall be deemed to be denied within ten (10)
6 working days following the request.
7 (3) If the public agency or independent public body corporate and politic
8 denies the person's request for examination or copying the public records or
9 denies in part and grants in part the person's request for examination and
10 copying of the public records, the person legally responsible for administer-
11 ing the public agency or independent public body corporate and politic or that
12 person's designee shall notify the person in writing of the denial or partial
13 denial of the request for the public record.
14 (4) The notice of denial or partial denial shall state that the attorney
15 for the public agency or independent public body corporate and politic has
16 reviewed the request or shall state that the public agency or independent pub-
17 lic body corporate and politic has had an opportunity to consult with an
18 attorney regarding the request for examination or copying of a record and has
19 chosen not to do so. The notice of denial or partial denial also shall indi-
20 cate the statutory authority for the denial and indicate clearly the person's
21 right to appeal the denial or partial denial and the time periods for doing
22 so.
23 SECTION 4. That Section 9-340B, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
26 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
27 exempt from disclosure:
28 (1) Investigatory records of a law enforcement agency, as defined in sec-
29 tion 9-337(56), Idaho Code, under the conditions set forth in section 9-335,
30 Idaho Code.
31 (2) Juvenile records of a person maintained pursuant to chapter 5, title
32 20, Idaho Code, except that facts contained in such records shall be furnished
33 upon request in a manner determined by the court to persons and governmental
34 and private agencies and institutions conducting pertinent research studies or
35 having a legitimate interest in the protection, welfare and treatment of the
36 juvenile who is thirteen (13) years of age or younger. If the juvenile is
37 petitioned or charged with an offense which would be a criminal offense if
38 committed by an adult, the name, offense of which the juvenile was petitioned
39 or charged and disposition of the court shall be subject to disclosure as pro-
40 vided in section 20-525, Idaho Code. Additionally, facts contained in any
41 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
42 be furnished upon request to any school district where the juvenile is
43 enrolled or is seeking enrollment.
44 (3) (a) Records of the department of correction or the commission of par-
45 dons and parole to the extent that disclosure thereof would interfere with
46 the secure and orderly conduct of their operations, or the rehabilitation
47 of any person in the custody of the department of correction or on parole,
48 or would substantially prejudice or prevent the carrying out of the func-
49 tions of the department of correction or the commission of pardons and
50 parole if the public interest in confidentiality clearly outweighs the
51 public interest in disclosure. Records exempt from disclosure shall
52 include, but not be limited to, those containing the names and addresses
53 of witnesses or victims or those containing information identifying vic-
5
1 tims or witnesses.
2 (b) Operation manuals of county jails. "Operation manuals" are those
3 internal documents of any county jail that define the procedures utilized
4 to maintain security within the jail.
5 (4) Voting records of the sexual offender classification board. In accor-
6 dance with section 18-8315, Idaho Code, the written record of the vote to
7 classify an offender as a violent sexual predator by each board member in each
8 case reviewed by that board member shall be exempt from disclosure to the pub-
9 lic and shall be made available upon request only to the governor, the chair-
10 man of the senate judiciary and rules committee, and the chairman of the house
11 of representatives judiciary, rules and administration committee, for all law-
12 ful purposes.
13 (5) Records of the sheriff or department of law enforcement received or
14 maintained pursuant to section 18-3302, Idaho Code, relating to an applicant
15 or licensee.
16 (6) Records of investigations prepared by the department of health and
17 welfare pursuant to its statutory responsibilities dealing with the protection
18 of children, the rehabilitation of youth, adoptions and the commitment of
19 mentally ill persons.
20 (7) Records including, but not limited to, investigative reports, result-
21 ing from investigations conducted into complaints of discrimination made to
22 the Idaho human rights commission unless the public interest in allowing
23 inspection and copying of such records outweighs the legitimate public or pri-
24 vate interest in maintaining confidentiality of such records. A person may
25 inspect and copy documents from an investigative file to which he or she is a
26 named party if such documents are not otherwise prohibited from disclosure by
27 federal law or regulation or state law. The confidentiality of this subsection
28 will no longer apply to any record used in any judicial proceeding brought by
29 a named party to the complaint or investigation, or by the Idaho human rights
30 commission, relating to the complaint of discrimination.
31 (8) Records containing information obtained by the manager of the Idaho
32 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
33 behalf of employers or employees contained in underwriting and claims for ben-
34 efits files.
35 (9) The worker's compensation records of the Idaho industrial commission
36 provided that the industrial commission shall make such records available:
37 (a) To the parties in any worker's compensation claim and to the indus-
38 trial special indemnity fund of the state of Idaho; or
39 (b) To employers and prospective employers subject to the provisions of
40 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
41 limitations, who certify that the information is being requested with
42 respect to a worker to whom the employer has extended an offer of employ-
43 ment and will be used in accordance with the provisions of the Americans
44 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
45 (c) To employers and prospective employers not subject to the provisions
46 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
47 tory limitations, provided the employer presents a written authorization
48 from the person to whom the records pertain; or
49 (d) To others who demonstrate that the public interest in allowing
50 inspection and copying of such records outweighs the public or private
51 interest in maintaining the confidentiality of such records, as determined
52 by a civil court of competent jurisdiction.
53 (10) Records of investigations compiled by the commission on aging involv-
54 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
55 be abused, neglected or exploited.
6
1 (11) Criminal history records and fingerprints, as defined by section
2 67-3001, Idaho Code, and compiled by the department of law enforcement. Such
3 records shall be released only in accordance with chapter 30, title 67, Idaho
4 Code.
5 SECTION 5. That Section 9-340C, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
8 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
9 are exempt from disclosure:
10 (1) Except as provided in this subsection, all personnel records of a
11 current or former public official other than the public official's public ser-
12 vice or employment history, classification, pay grade and step, longevity,
13 gross salary and salary history, status, workplace and employing agency. All
14 other personnel information relating to a public employee or applicant includ-
15 ing, but not limited to, information regarding sex, race, marital status,
16 birth date, home address and telephone number, applications, testing and
17 scoring materials, grievances, correspondence and performance evaluations,
18 shall not be disclosed to the public without the employee's or applicant's
19 written consent. A public official or authorized representative may inspect
20 and copy his personnel records, except for material used to screen and test
21 for employment.
22 (2) Retired employees' and retired public officials' home addresses, home
23 telephone numbers and other financial and nonfinancial membership records;
24 active and inactive member financial and membership records and mortgage port-
25 folio loan documents maintained by the public employee retirement system.
26 Financial statements prepared by retirement system staff, funding agents and
27 custodians concerning the investment of assets of the public employee retire-
28 ment system of Idaho are not considered confidential under this chapter.
29 (3) Information and records submitted to the Idaho state lottery for the
30 performance of background investigations of employees, lottery retailers and
31 major procurement contractors; audit records of lottery retailers, vendors and
32 major procurement contractors submitted to or performed by the Idaho state
33 lottery; validation and security tests of the state lottery for lottery games;
34 business records and information submitted pursuant to sections 67-7412(8) and
35 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
36 obtained and held for the purposes of lottery security and investigative
37 action as determined by lottery rules unless the public interest in disclosure
38 substantially outweighs the private need for protection from public disclo-
39 sure.
40 (4) Records of a personal nature as follows:
41 (a) Records of personal debt filed with a public agency or independent
42 public body corporate and politic pursuant to law;
43 (b) Personal bank records compiled by a public depositor for the purpose
44 of public funds transactions conducted pursuant to law;
45 (c) Records of ownership of financial obligations and instruments of a
46 public agency or independent public body corporate and politic, such as
47 bonds, compiled by the public agency or independent public body corporate
48 and politic pursuant to law;
49 (d) Records, with regard to the ownership of, or security interests in,
50 registered public obligations;
51 (e) Vital statistics records.
52 (5) Information in an income or other tax return measured by items of
53 income or sales, which is gathered by a public agency for the purpose of
7
1 administering the tax, except such information to the extent disclosed in a
2 written decision of the tax commission pursuant to a taxpayer protest of a
3 deficiency determination by the tax commission, under the provisions of sec-
4 tion 63-3045B, Idaho Code.
5 (6) Records of a personal nature related directly or indirectly to the
6 application for and provision of statutory services rendered to persons apply-
7 ing for public care for the elderly, indigent, or mentally or physically hand-
8 icapped, or participation in an environmental or a public health study, pro-
9 vided the provisions of this subsection making records exempt from disclosure
10 shall not apply to the extent that such records or information contained in
11 those records are necessary for a background check on an individual that is
12 required by federal law regulating the sale of firearms, guns or ammunition.
13 (7) Employment security information and unemployment insurance benefit
14 information, except that all interested parties may agree to waive the exemp-
15 tion.
16 (8) Any personal records, other than names, business addresses and busi-
17 ness phone numbers, such as parentage, race, religion, sex, height, weight,
18 tax identification and social security numbers, financial worth or medical
19 condition submitted to any public agency or independent public body corporate
20 and politic pursuant to a statutory requirement for licensing, certification,
21 permit or bonding.
22 (9) Unless otherwise provided by agency rule, information obtained as
23 part of an inquiry into a person's fitness to be granted or retain a license,
24 certificate, permit, privilege, commission or position, private association
25 peer review committee records authorized in title 54, Idaho Code. Any agency
26 which has records exempt from disclosure under the provisions of this subsec-
27 tion shall annually make available a statistical summary of the number and
28 types of matters considered and their disposition.
29 (10) The records, findings, determinations and decisions of any prelitiga-
30 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
31 (11) Board of professional discipline reprimands by informal admonition
32 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
33 (12) Records of the department of health and welfare or a public health
34 district that identify a person infected with a reportable disease.
35 (13) Records of hospital care, medical records, records of psychiatric
36 care or treatment and professional counseling records relating to an
37 individual's condition, diagnosis, care or treatment, provided the provisions
38 of this subsection making records exempt from disclosure shall not apply to
39 the extent that such records or information contained in those records are
40 necessary for a background check on an individual that is required by federal
41 law regulating the sale of firearms, guns or ammunition.
42 (14) Information collected pursuant to the directory of new hires act,
43 chapter 16, title 72, Idaho Code.
44 (15) Personal information contained in motor vehicle and driver records
45 that is exempt from disclosure under the provisions of chapter 2, title 49,
46 Idaho Code.
47 (16) Records of the financial status of prisoners pursuant to subsection
48 (2) of section 20-607, Idaho Code.
49 (17) Records of the department of law enforcement or department of correc-
50 tion received or maintained pursuant to section 19-5514, Idaho Code, relating
51 to DNA databases and databanks.
52 (18) Records of the department of health and welfare relating to a survey,
53 resurvey or complaint investigation of a licensed nursing facility shall be
54 exempt from disclosure. Such records shall, however, be subject to disclosure
55 as public records on and after the fourteenth day following the date that
8
1 department of health and welfare representatives officially exit the facility
2 pursuant to federal regulations. Provided however, that for purposes of confi-
3 dentiality, no record shall be released under this section which specifically
4 identifies any nursing facility resident.
5 (189) Records and information contained in the registry of immunizations
6 against childhood diseases maintained in the department of health and welfare,
7 including information disseminated to others from the registry by the depart-
8 ment of health and welfare.
9 (20) Records of the Idaho housing and finance association (IHFA) relating
10 to the following:
11 (a) Records containing personal financial, family, health or similar per-
12 sonal information submitted to or otherwise obtained by the IHFA;
13 (b) Records submitted to or otherwise obtained by the IHFA with regard to
14 obtaining and servicing mortgage loans and all records relating to the
15 review, approval or rejection by the IHFA of said loans;
16 (c) Mortgage portfolio loan documents;
17 (d) Records of a current or former employee other than the employee's
18 duration of employment with the association, position held and location of
19 employment. This exemption from disclosure does not include the contracts
20 of employment or any remuneration, including reimbursement of expenses, of
21 the executive director, executive officers or commissioners of the associ-
22 ation. All other personnel information relating to an association employee
23 or applicant including, but not limited to, information regarding sex,
24 race, marital status, birth date, home address and telephone number,
25 applications, testing and scoring materials, grievances, correspondence,
26 retirement plan information and performance evaluations, shall not be dis-
27 closed to the public without the employee's or applicant's written con-
28 sent. An employee or authorized representative may inspect and copy that
29 employee's personnel records, except for material used to screen and test
30 for employment or material not subject to disclosure elsewhere in the
31 Idaho public records act.
32 SECTION 6. That Section 9-340D, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION
35 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
36 exempt from disclosure:
37 (1) Trade secrets including those contained in response to public agency
38 or independent public body corporate and politic requests for proposal,
39 requests for clarification, requests for information and similar requests.
40 "Trade secrets" as used in this section means information, including a for-
41 mula, pattern, compilation, program, computer program, device, method, tech-
42 nique, process, or unpublished or in progress research that:
43 (a) Derives independent economic value, actual or potential, from not
44 being generally known to, and not being readily ascertainable by proper
45 means by other persons who can obtain economic value from its disclosure
46 or use; and
47 (b) Is the subject of efforts that are reasonable under the circumstances
48 to maintain its secrecy.
49 (2) Production records, housing production, rental and financing records,
50 sale or purchase records, catch records, mortgage portfolio loan documents, or
51 similar business records of a private concern or enterprise required by law to
52 be submitted to or inspected by a public agency or submitted to or otherwise
53 obtained by an independent public body corporate and politic. Nothing in this
9
1 subsection shall limit the use which can be made of such information for regu-
2 latory purposes or its admissibility in any enforcement proceeding.
3 (3) Records relating to the appraisal of real property, timber or mineral
4 rights prior to its acquisition, sale or lease by a public agency or indepen-
5 dent public body corporate and politic.
6 (4) Any estimate prepared by a public agency or independent public body
7 corporate and politic that details the cost of a public project until such
8 time as disclosed or bids are opened, or upon award of the contract for con-
9 struction of the public project.
10 (5) Examination, operating or condition reports and all documents relat-
11 ing thereto, prepared by or supplied to any public agency or independent pub-
12 lic body corporate and politic responsible for the regulation or supervision
13 of financial institutions including, but not limited to, banks, savings and
14 loan associations, regulated lenders, business and industrial development cor-
15 porations, credit unions, and insurance companies, or for the regulation or
16 supervision of the issuance of securities.
17 (6) Records gathered by a local agency or the Idaho department of com-
18 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
19 pose of assisting a person to locate, maintain, invest in, or expand business
20 operations in the state of Idaho.
21 (7) Shipping and marketing records of commodity commissions used to eval-
22 uate marketing and advertising strategies and the names and addresses of grow-
23 ers and shippers maintained by commodity commissions.
24 (8) Financial statements and business information and reports submitted
25 by a legal entity to a port district organized under title 70, Idaho Code, in
26 connection with a business agreement, or with a development proposal or with a
27 financing application for any industrial, manufacturing, or other business
28 activity within a port district.
29 (9) Names and addresses of seed companies, seed crop growers, seed crop
30 consignees, locations of seed crop fields, variety name and acreage by vari-
31 ety. Upon the request of the owner of the proprietary variety, this informa-
32 tion shall be released to the owner. Provided however, that if a seed crop has
33 been identified as diseased or has been otherwise identified by the Idaho
34 department of agriculture, other state departments of agriculture, or the
35 United States department of agriculture to represent a threat to that particu-
36 lar seed or commercial crop industry or to individual growers, information as
37 to test results, location, acreage involved and disease symptoms of that par-
38 ticular seed crop, for that growing season, shall be available for public
39 inspection and copying. This exemption shall not supersede the provisions of
40 section 22-436, Idaho Code.
41 (10) Information obtained from books, records and accounts required in
42 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
43 rapeseed commission and pertaining to the individual production records of ca-
44 nola or rapeseed growers.
45 (11) Records of any risk retention or self-insurance program prepared in
46 anticipation of litigation or for analysis of or settlement of potential or
47 actual money damage claims against a public entity and its employees or
48 against the industrial special indemnity fund except as otherwise discoverable
49 under the Idaho or federal rules of civil procedure. These records shall
50 include, but are not limited to, claims evaluations, investigatory records,
51 computerized reports of losses, case reserves, internal documents and corre-
52 spondence relating thereto. At the time any claim is concluded, only statisti-
53 cal data and actual amounts paid in settlement shall be deemed a public record
54 unless otherwise ordered to be sealed by a court of competent jurisdiction.
55 Provided however, nothing in this subsection is intended to limit the attorney
10
1 client privilege or attorney work product privilege otherwise available to any
2 public agency or independent public body corporate and politic.
3 (12) Records of laboratory test results provided by or retained by the
4 Idaho food quality assurance laboratory. Nothing in this subsection shall
5 limit the use which can be made, or availability of such information if used,
6 for regulatory purposes or its admissibility in any enforcement proceeding.
7 (13) Reports required to be filed under chapter 13, title 62, Idaho Code,
8 identifying electrical or natural or manufactured gas consumption data for
9 an individual customer or account.
10 (14) Voluntarily prepared environmental audits, and voluntary disclosures
11 of information submitted on or before December 31, 1997, to an environmental
12 agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
13 dential business information.
14 (15) Computer programs developed or purchased by or for any public agency
15 or independent public body corporate and politic for its own use. As used in
16 this subsection, "computer program" means a series of instructions or state-
17 ments which permit the functioning of a computer system in a manner designed
18 to provide storage, retrieval and manipulation of data from the computer sys-
19 tem, and any associated documentation and source material that explain how to
20 operate the computer program. Computer program does not include:
21 (a) The original data including, but not limited to, numbers, text,
22 voice, graphics and images;
23 (b) Analysis, compilation and other manipulated forms of the original
24 data produced by use of the program; or
25 (c) The mathematical or statistical formulas that would be used if the
26 manipulated forms of the original data were to be produced manually.
27 (16) Active investigative records and trademark usage audits of the Idaho
28 potato commission specifically relating to the enforcement of chapter 12,
29 title 22, Idaho Code, until the commencement of formal proceedings as provided
30 by rules of the commission; purchase and sales information submitted to the
31 Idaho potato commission during a trademark usage audit, and investigation or
32 enforcement proceedings. Inactive investigatory records shall be disclosed
33 unless the disclosure would violate the standards set forth in subsections
34 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection
35 shall limit the use which can be made, or availability of such information if
36 used, for regulatory purposes or its admissibility in any enforcement proceed-
37 ing.
38 SECTION 7. That Section 9-341, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 9-341. EXEMPT AND NONEXEMPT PUBLIC RECORDS TO BE SEPARATED. If any public
41 record contains material which is not exempt from disclosure as well as mate-
42 rial which is exempt from disclosure, the public agency or independent public
43 body corporate and politic shall, upon receipt of a request for disclosure,
44 separate the exempt and nonexempt material and make the nonexempt material
45 available for examination, provided that a denial of a request to copy non-
46 exempt material in a public record shall not be based upon the fact that such
47 nonexempt material is contained in the same public record as the exempt mate-
48 rial.
49 SECTION 8. That Section 9-342, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 9-342. ACCESS TO RECORDS ABOUT A PERSON BY A PERSON. (1) A person may
11
1 inspect and copy the records of a public agency or independent public body
2 corporate and politic pertaining to that person, even if the record is other-
3 wise exempt from public disclosure.
4 (2) A person may request in writing an amendment of any record pertaining
5 to that person. Within ten (10) days of the receipt of the request, the public
6 agency or independent public body corporate and politic shall either:
7 (a) Make any correction of any portion of the record which the person
8 establishes is not accurate, relevant, or complete; or
9 (b) Inform the person in writing of the refusal to amend in accordance
10 with the request and the reasons for the refusal, and indicate clearly the
11 person's right to appeal the refusal and the time period for doing so. The
12 procedures for appealing a refusal to amend shall be the same as those set
13 forth in sections 9-343 and 9-344, Idaho Code, and the court may award
14 reasonable costs and attorney's fees to the prevailing party or parties,
15 if it finds that the request for amendment or refusal to amend was frivo-
16 lously pursued.
17 (3) The right to inspect and amend records pertaining to oneself does not
18 include the right to review otherwise exempt investigatory records of a public
19 agency or independent public body corporate and politic if the investigation
20 is ongoing, information that is compiled in reasonable anticipation of a civil
21 action or proceeding which is not otherwise discoverable or the information
22 relates to adoption records or information which is otherwise exempt from dis-
23 closure by statute.
24 SECTION 9. That Section 9-343, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 9-343. PROCEEDINGS TO ENFORCE RIGHT TO EXAMINE OR TO RECEIVE A COPY OF
27 RECORDS -- RETENTION OF DISPUTED RECORDS. (1) The sole remedy for a person
28 aggrieved by the denial of a request for disclosure is to institute proceed-
29 ings in the district court of the county where the records or some part
30 thereof are located, to compel the public agency or independent public body
31 corporate and politic to make the information available for public inspection
32 in accordance with the provisions of this act. The petition contesting the
33 public agency's or independent public body corporate and politic's decision
34 shall be filed within one hundred eighty (180) calendar days from the date of
35 mailing of the notice of denial or partial denial by the public agency or
36 independent public body corporate and politic. The time for responsive plead-
37 ings and for hearings in such proceedings shall be set by the court at the
38 earliest possible time, or in no event beyond twenty-eight (28) calendar days
39 from the date of filing.
40 (2) The public agency or independent public body corporate and politic
41 shall keep all documents or records in question until the end of the appeal
42 period, until a decision has been rendered on the petition, or as otherwise
43 statutorily provided, whichever is longer.
44 (3) Nothing contained in this act shall limit the availability of docu-
45 ments and records for discovery in the normal course of judicial or adminis-
46 trative adjudicatory proceedings, subject to the law and rules of evidence and
47 of discovery governing such proceedings.
48 SECTION 10. That Section 9-346, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 9-346. IMMUNITY. No public agency or independent public body corporate
51 and politic, public official, or custodian shall be liable, nor shall a cause
12
1 of action exist, for any loss or damage based upon the release of a public
2 record governed by the provisions of this chapter if the public agency or
3 independent public body corporate and politic, public official or custodian
4 acted in good faith in attempting to comply with the provisions of this chap-
5 ter.
6 SECTION 11. That Section 9-347, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 9-347. AGENCY GUIDELINES. By January 1, 1991, every state agency or inde-
9 pendent public body corporate and politic shall adopt guidelines that identify
10 the general subject matter of all public records kept or maintained by the
11 state agency or independent public body corporate and politic, the custodian,
12 and the physical location of such documents.
13 SECTION 12. That Section 9-348, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 9-348. PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER
16 LISTS -- PENALTY. (1) Except as provided in subsections (2), (3), (4), (5),
17 (6), (7) and (8) of this section, in order to protect the privacy of those who
18 deal with public agencies or an independent public body corporate and politic:
19 (a) No agency or independent public body corporate and politic may dis-
20 tribute or sell for use as a mailing list or a telephone number list any
21 list of persons without first securing the permission of those on the
22 list; and
23 (b) No list of persons prepared by the agency or independent public body
24 corporate and politic may be used as a mailing list or a telephone number
25 list except by the agency or independent public body corporate and politic
26 or another agency without first securing the permission of those on the
27 list.
28 (2) Except as may be otherwise provided in this chapter, this section
29 does not prevent an individual from compiling a mailing list or a telephone
30 number list by examination or copying of public records, original documents or
31 applications which are otherwise open to public inspection.
32 (3) The provisions of this section do not apply to the lists of regis-
33 tered electors compiled pursuant to title 34, Idaho Code, or to lists of the
34 names of employees governed by chapter 53, title 67, Idaho Code.
35 (4) The provisions of this section shall not apply to agencies which
36 issue occupational or professional licenses.
37 (5) This section does not apply to the right of access either by Idaho
38 law enforcement agencies or, by purchase or otherwise, of public records deal-
39 ing with motor vehicle registration.
40 (6) This section does not apply to a corporate information list developed
41 by the office of the secretary of state containing the name, address, regis-
42 tered agent, officers and directors of corporations authorized to do business
43 in this state or to a business information list developed by the department of
44 commerce containing the name, address, telephone number or other relevant
45 information of Idaho businesses or individuals requesting information regard-
46 ing the state of Idaho or to business lists developed by the department of
47 agriculture, division of marketing and development, used to promote food and
48 agricultural products produced in Idaho.
49 (7) This section does not apply to lists to be used for ordinary utility
50 purposes which are requested by a person who supplies utility services in this
51 state. Ordinary utility purposes, as used in this chapter only, do not include
13
1 marketing or marketing research.
2 (8) This section does not apply to lists to be used to give notice
3 required by any statute, ordinance, rule, law or by any governing agency.
4 (9) If a court finds that a person or public official has deliberately
5 and in bad faith violated the provisions of subsection (1)(b) of this section,
6 the person or public official shall be liable for a civil penalty assessed by
7 the court in an amount not in excess of one thousand dollars ($1,000) which
8 shall be paid into the general account.
9 SECTION 13. That Section 67-5241, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-5241. INFORMAL DISPOSITION. (1) Unless prohibited by other provisions
12 of law:
13 (a) an agency or a presiding officer may decline to initiate a contested
14 case;
15 (b) any part of the evidence in a contested case may be received in writ-
16 ten form if doing so will expedite the case without substantially
17 prejudicing the interests of any party;
18 (c) informal disposition may be made of any contested case by negotia-
19 tion, stipulation, agreed settlement, or consent order. Informal settle-
20 ment of matters is to be encouraged;
21 (d) the parties may stipulate as to the facts, reserving the right to
22 appeal to a court of competent jurisdiction on issues of law.
23 (2) An agency or a presiding officer may request such additional informa-
24 tion as required to decide whether to initiate or to decide a contested case
25 as provided in subsection (1) of this section.
26 (3) If an agency or a presiding officer declines to initiate or decide a
27 contested case under the provisions of this section, the agency or the officer
28 shall furnish a brief statement of the reasons for the decision to all persons
29 involved. This subsection does not apply to investigations or inquiries
30 directed to or performed by law enforcement agencies defined in section
31 9-337(56), Idaho Code.
32 (4) The agency may not abdicate its responsibility for any informal dis-
33 position of a contested case. Disposition of a contested case as provided in
34 this section is a final agency action.
35 SECTION 14. That Section 67-6226, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 67-6226. DISCLOSURE OF RECORDS NON-AGENCY STATUS. It is recognized that
38 the association is not, and has not been since its inception, a state or local
39 agency for purposes of Idaho law. including chapter 3, title 9, Idaho Code.
40 Therefore, in order to assure reasonable public disclosure of its records, the
41 association shall prepare and maintain a written policy, acceptable in form
42 and content to the governor, providing for the disclosure of its records to
43 the public. Prior to such policy or any amendments thereto becoming effective,
44 the association shall submit the same to the governor for his written
45 approval.".
46 CORRECTION TO TITLE
47 On page 1, delete lines 3 through 9 and insert: "SECTION 9-337, IDAHO
48 CODE, TO DEFINE "INDEPENDENT PUBLIC BODY CORPORATE AND POLITIC" AND TO PROVIDE
49 PROPER TERMINOLOGY IN THE DEFINITIONS OF "CUSTODIAN," "INVESTIGATORY RECORD,"
50 "PUBLIC OFFICIAL" AND "PUBLIC RECORD"; AMENDING SECTIONS 9-338 AND 9-339,
14
1 IDAHO CODE, TO PROVIDE PROPER TERMINOLOGY; AMENDING SECTION 9-340B, IDAHO
2 CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 9-340C, IDAHO
3 CODE, TO SPECIFY RECORDS OF THE IDAHO HOUSING AND FINANCE ASSOCIATION AS AN
4 INDEPENDENT PUBLIC BODY CORPORATE AND POLITIC WHICH ARE EXEMPT FROM DISCLOSURE
5 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 9-340D, IDAHO CODE, TO
6 EXPAND THE LIST OF PRODUCTION RECORDS WHICH ARE EXEMPT FROM DISCLOSURE AND TO
7 INCLUDE RECORDS SUBMITTED TO OR OTHERWISE OBTAINED BY AN INDEPENDENT PUBLIC
8 BODY CORPORATE AND POLITIC AND TO PROVIDE PROPER TERMINOLOGY; AMENDING SEC-
9 TIONS 9-341 AND 9-342, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE
10 TECHNICAL CORRECTIONS; AMENDING SECTIONS 9-343, 9-346, 9-347 AND 9-348, IDAHO
11 CODE, TO PROVIDE PROPER TERMINOLOGY; AMENDING SECTION 67-5241, IDAHO CODE, TO
12 PROVIDE A CORRECT CODE REFERENCE; AND AMENDING SECTION 67-6226, IDAHO CODE, TO
13 REAFFIRM THAT THE ASSOCIATION IS NOT A STATE OR LOCAL AGENCY FOR PURPOSES OF
14 LAW AND TO DELETE PROVISIONS RELATIVE TO PUBLIC DISCLOSURE OF ITS RECORDS.".
STATEMENT OF PURPOSE
RS 09727
This legislation defines the Idaho Housing and Finance Association (IHFA) as a
state agency for purposes of the disclosure of public records. Additionally, this
legislation provides for an exemption from disclosure of any mortgage portfolio
loan documents and personal bank records submitted to or obtained by IHFA and
other documents relating to the servicing, review, approval or rejection by IHFA
of mortgage loans. Section 67-6226 is also repealed. This section has provided an
exemption for IHFA to the public records act.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Representative Lenore Hardy Barrett
Name: Representative Jerry Stoicheff
STATEMENT OF PURPOSE/FISCAL NOTE H 654