2000 Legislation
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HOUSE BILL NO. 654, As Amended – Housing/Finance Assn, records

HOUSE BILL NO. 654, As Amended

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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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


     
     
                 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