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H0151aa..............................by JUDICIARY, RULES AND ADMINISTRATION
PUBLIC RECORDS - Amends existing law to provide that specified sections of
Idaho Code relating to the disclosure of public records shall not make
available contents of prosecution case files where such material has
previously been provided to the defendant, nor shall such specified
sections be available to supplement, augment, substitute or supplant
discovery procedures in federal or state criminal, civil or administrative
proceedings.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/22 Rpt out - to Gen Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 62-0-8
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Hornbeck, Jaquet,
Jones, Kellogg, Kendell, Lake, Langford, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stone, Swan, Trail, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Henbest, Higgins, Kunz, Pomeroy, Raybould,
Schaefer, Tilman, Wheeler
Floor Sponsor -- Moss
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Davis
Title apvd - to House
03/20 To enrol
03/21 Rpt enrol - Sp signed
Pres signed
03/22 To Governor
03/22 Governor signed
Session Law Chapter 101
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 151
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-343, IDAHO CODE, TO PROVIDE
3 THAT SPECIFIED SECTIONS OF IDAHO CODE RELATING TO THE DISCLOSURE OF PUBLIC
4 RECORDS SHALL NOT SUPPLEMENT, AUGMENT, SUBSTITUTE OR SUPPLANT DISCOVERY
5 PROCEDURES IN FEDERAL OR STATE CRIMINAL, CIVIL OR ADMINISTRATIVE PROCEED-
6 INGS AND TO MAKE TECHNICAL CORRECTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 9-343, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 9-343. PROCEEDINGS TO ENFORCE RIGHT TO EXAMINE OR TO RECEIVE A COPY OF
11 RECORDS -- RETENTION OF DISPUTED RECORDS. (1) The sole remedy for a person
12 aggrieved by the denial of a request for disclosure is to institute proceed-
13 ings in the district court of the county where the records or some part
14 thereof are located, to compel the public agency or independent public body
15 corporate and politic to make the information available for public inspection
16 in accordance with the provisions of this act sections 9-337 through 9-348,
17 Idaho Code. The petition contesting the public agency's or independent public
18 body corporate and politic's decision shall be filed within one hundred eighty
19 (180) calendar days from the date of mailing of the notice of denial or par-
20 tial denial by the public agency or independent public body corporate and pol-
21 itic. The time for responsive pleadings and for hearings in such proceedings
22 shall be set by the court at the earliest possible time, or in no event beyond
23 twenty-eight (28) calendar days from the date of filing.
24 (2) The public agency or independent public body corporate and politic
25 shall keep all documents or records in question until the end of the appeal
26 period, until a decision has been rendered on the petition, or as otherwise
27 statutorily provided, whichever is longer.
28 (3) Nothing contained in this act sections 9-337 through 9-348, Idaho
29 Code, shall limit the availability of documents and records for discovery in
30 the normal course of judicial or administrative adjudicatory proceedings, sub-
31 ject to the law and rules of evidence and of discovery governing such proceed-
32 ings. Additionally, sections 9-337 through 9-348, Idaho Code, shall not sup-
33 plement, augment, substitute or supplant discovery procedures in any federal
34 or state criminal, civil or administrative proceeding.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Moss
Seconded by Bieter
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 151
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 32 through 34 and insert:
3 "ings. Additionally, in any criminal appeal or post-conviction civil action,
4 sections 9-335 through 9-348, Idaho Code, shall not make available the con-
5 tents of prosecution case files where such material has previously been pro-
6 vided to the defendant nor shall sections 9-335 through 9-348, Idaho Code, be
7 available to supplement, augment, substitute or supplant discovery procedures
8 in any other federal, civil or administrative proceeding.".
9 CORRECTION TO TITLE
10 On page 1, delete lines 4 through 6 and insert: "RECORDS SHALL NOT MAKE
11 AVAILABLE CONTENTS OF PROSECUTION CASE FILES WHERE SUCH MATERIAL HAS PREVI-
12 OUSLY BEEN PROVIDED TO THE DEFENDANT NOR SHALL SUCH SPECIFIED SECTIONS BE
13 AVAILABLE TO SUPPLEMENT, AUGMENT, SUBSTITUTE OR SUPPLANT DISCOVERY PROCEDURES
14 IN ANY OTHER FEDERAL, CIVIL OR ADMINISTRATIVE PROCEEDING AND TO MAKE TECHNICAL
15 CORRECTIONS.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 151, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-343, IDAHO CODE, TO PROVIDE
3 THAT SPECIFIED SECTIONS OF IDAHO CODE RELATING TO THE DISCLOSURE OF PUBLIC
4 RECORDS SHALL NOT MAKE AVAILABLE CONTENTS OF PROSECUTION CASE FILES WHERE
5 SUCH MATERIAL HAS PREVIOUSLY BEEN PROVIDED TO THE DEFENDANT NOR SHALL SUCH
6 SPECIFIED SECTIONS BE AVAILABLE TO SUPPLEMENT, AUGMENT, SUBSTITUTE OR SUP-
7 PLANT DISCOVERY PROCEDURES IN ANY OTHER FEDERAL, CIVIL OR ADMINISTRATIVE
8 PROCEEDING AND TO MAKE TECHNICAL CORRECTIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 9-343, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 9-343. PROCEEDINGS TO ENFORCE RIGHT TO EXAMINE OR TO RECEIVE A COPY OF
13 RECORDS -- RETENTION OF DISPUTED RECORDS. (1) The sole remedy for a person
14 aggrieved by the denial of a request for disclosure is to institute proceed-
15 ings in the district court of the county where the records or some part
16 thereof are located, to compel the public agency or independent public body
17 corporate and politic to make the information available for public inspection
18 in accordance with the provisions of this act sections 9-337 through 9-348,
19 Idaho Code. The petition contesting the public agency's or independent public
20 body corporate and politic's decision shall be filed within one hundred eighty
21 (180) calendar days from the date of mailing of the notice of denial or par-
22 tial denial by the public agency or independent public body corporate and pol-
23 itic. The time for responsive pleadings and for hearings in such proceedings
24 shall be set by the court at the earliest possible time, or in no event beyond
25 twenty-eight (28) calendar days from the date of filing.
26 (2) The public agency or independent public body corporate and politic
27 shall keep all documents or records in question until the end of the appeal
28 period, until a decision has been rendered on the petition, or as otherwise
29 statutorily provided, whichever is longer.
30 (3) Nothing contained in this act sections 9-337 through 9-348, Idaho
31 Code, shall limit the availability of documents and records for discovery in
32 the normal course of judicial or administrative adjudicatory proceedings, sub-
33 ject to the law and rules of evidence and of discovery governing such proceed-
34 ings. Additionally, in any criminal appeal or post-conviction civil action,
35 sections 9-335 through 9-348, Idaho Code, shall not make available the con-
36 tents of prosecution case files where such material has previously been pro-
37 vided to the defendant nor shall sections 9-335 through 9-348, Idaho Code, be
38 available to supplement, augment, substitute or supplant discovery procedures
39 in any other federal, civil or administrative proceeding.
STATEMENT OF PURPOSE
RS 10873
This legislation is intended to underscore the legislature's
intent that the Idaho Public Records Act was never intended for
use as a discovery vehicle for civil, criminal or administrative
litigation.
FISCAL IMPACT
This bill will result in a savings of thousands of dollars in
labor costs for Idaho government agencies.
Contact
Name: Rep. Tom Moss
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 151.