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H0540......................................................by STATE AFFAIRS
BUILDINGS - STATE/CITY/COUNTY- Amends existing law to provide that
operation and security manuals, plans or codes of county jails and
buildings owned or leased by Idaho state government, a county or a city
shall be exempt from disclosure.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to St Aff
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Denney,
Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kempton, Kendell, Kunz,
Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Barrett, Chase, Deal, Ellsworth, Gould, Jones,
Kellogg, Pischner, Mr Speaker
Floor Sponsor - Hansen(23)
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/15 3rd rdg - 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 - Bunderson, Davis
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed
03/20 Pres signed
03/21 To Governor
03/24 Governor signed
Session Law Chapter 57
Effective: 07/01/00
H0540
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 540
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-340B, IDAHO
3 CODE, TO PROVIDE THAT OPERATION AND SECURITY MANUALS, PLANS OR CODES OF
4 COUNTY JAILS AND BUILDINGS OWNED OR LEASED BY IDAHO STATE GOVERNMENT, A
5 COUNTY OR A CITY SHALL BE EXEMPT FROM DISCLOSURE, TO FURTHER DEFINE A TERM
6 AND TO DEFINE A TERM; AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
11 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
12 exempt from disclosure:
13 (1) Investigatory records of a law enforcement agency, as defined in sec-
14 tion 9-337(5), Idaho Code, under the conditions set forth in section 9-335,
15 Idaho Code.
16 (2) Juvenile records of a person maintained pursuant to chapter 5, title
17 20, Idaho Code, except that facts contained in such records shall be furnished
18 upon request in a manner determined by the court to persons and governmental
19 and private agencies and institutions conducting pertinent research studies or
20 having a legitimate interest in the protection, welfare and treatment of the
21 juvenile who is thirteen (13) years of age or younger. If the juvenile is
22 petitioned or charged with an offense which would be a criminal offense if
23 committed by an adult, the name, offense of which the juvenile was petitioned
24 or charged and disposition of the court shall be subject to disclosure as pro-
25 vided in section 20-525, Idaho Code. Additionally, facts contained in any
26 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
27 be furnished upon request to any school district where the juvenile is
28 enrolled or is seeking enrollment.
29 (3) (a) Records of the department of correction or the commission of par-
30 dons and parole to the extent that disclosure thereof would interfere with
31 the secure and orderly conduct of their operations, or the rehabilitation
32 of any person in the custody of the department of correction or on parole,
33 or would substantially prejudice or prevent the carrying out of the func-
34 tions of the department of correction or the commission of pardons and
35 parole if the public interest in confidentiality clearly outweighs the
36 public interest in disclosure. Records exempt from disclosure shall
37 include, but not be limited to, those containing the names and addresses
38 of witnesses or victims or those containing information identifying vic-
39 tims or witnesses.
40 (b) Operation and security manuals, plans or codes of county jails and
41 buildings owned or leased by Idaho state government, a county or a city.
42 "Operation manuals" are those internal documents of any state government
43 agency, county or city building or jail that define the procedures uti-
2
1 lized to maintain security within the building or jail. "Plans or codes"
2 relate only to those documents, the release of which could jeopardize the
3 safety of workers in those buildings, or adversely affect the public
4 safety.
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 men-
19 tally 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.
3
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 2. This act shall be in full force and effect on and after July
6 1, 2000.
STATEMENT OF PURPOSE
RS09743
STATE BUILDINGS MANAGEMENT REFORM - this is the sixth in a package
of six bills needed to improve cost-control and efficiency over management of
state building facilities.
This legislation exempts from public disclosure building security manuals, plans
and codes of state and local governments, the public knowledge of which would
jeopardize the safety of workers in those public buildings and/or adversely affect
the public safety.
The incidence of terrorist attack on public buildings has increased worldwide.
This legislation is a positive step toward protecting government building security
documents and information from getting into the hands of those who would
endanger employees and the public safety or damage-destroy public property.
Conversely, detail knowledge of these security documents and information should
be of little interest and value to law-abiding citizens.
FISCAL NOTE
No negative fiscal impact to implement. However, if these reasonable controls are
not implemented, there is risk someone could get information that results in
significant cost.
CONTACT: Senator Hal Bunderson 332-1000
Representative Randy Hansen 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 540