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H0098aa.....................................by COMMERCE AND HUMAN RESOURCES
INDUSTRIAL COMMISSION - RECORDS - Amends existing law to provide when the
Industrial Commission records may be available to certain government
agencies; to provide procedures; and to provide for a fee.
01/26 House intro - 1st rdg - to printing
01/29 Rpt prt - to Com/HuRes
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/15 To Gen Ord
02/22 Rpt out - to Gen Ord
Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
02/27 Ret'd to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 98
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE INDUSTRIAL COMMISSION; AMENDING SECTION 72-517, IDAHO CODE, TO
3 ALLOW THE INDUSTRIAL COMMISSION TO PROVIDE INFORMATION THAT IS OTHERWISE
4 EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT TO OTHER GOVERNMENT
5 AGENCIES TO ASSIST THOSE AGENCIES IN THE DISCHARGE OF THEIR DUTIES, TO
6 PROVIDE PROCEDURES AND TO PROVIDE FOR A FEE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 72-517, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 72-517. COOPERATION WITH OTHER AGENCIES. The commission shall have the
11 authority to enter into cooperative agreements with the director of the
12 department of labor, the administrator of the division of building safety, the
13 director of the department of health and welfare, state board of education,
14 state board for professional-technical education, state nuclear energy commis-
15 sion, and with other state agencies and with their successors, and with fed-
16 eral and private agencies, and to cooperate with programs sponsored by all
17 such agencies to facilitate the carrying out of the purposes of this law. The
18 commission may, in its sole discretion, make records that are otherwise exempt
19 from disclosure under section 9-340B, Idaho Code, available to an agency of
20 the federal government, a state government, or a political subdivision thereof
21 if the agency demonstrates that there is a valid law enforcement purpose for
22 the requested information or the requested information would assist the
23 requesting governmental agency in carrying out its statutory, administrative
24 or ministerial duties. The requesting governmental agency shall cite the spe-
25 cific provision of law that it is enforcing or administering and shall state
26 the need for the requested information. Records disclosed under this provision
27 shall not be further disclosed by the requesting agency unless otherwise
28 authorized by law. The commission may charge the requesting agency the actual
29 cost of providing the information.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Schaefer
Seconded by Mortensen
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 98
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 18, delete ", in its sole discre-
3 tion,".
4 AMENDMENT TO THE BILL
5 On page 1, following line 7, insert:
6 "SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
9 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
10 exempt from disclosure:
11 (1) Investigatory records of a law enforcement agency, as defined in sec-
12 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
13 Idaho Code.
14 (2) Juvenile records of a person maintained pursuant to chapter 5, title
15 20, Idaho Code, except that facts contained in such records shall be furnished
16 upon request in a manner determined by the court to persons and governmental
17 and private agencies and institutions conducting pertinent research studies or
18 having a legitimate interest in the protection, welfare and treatment of the
19 juvenile who is thirteen (13) years of age or younger. If the juvenile is
20 petitioned or charged with an offense which would be a criminal offense if
21 committed by an adult, the name, offense of which the juvenile was petitioned
22 or charged and disposition of the court shall be subject to disclosure as pro-
23 vided in section 20-525, Idaho Code. Additionally, facts contained in any
24 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
25 be furnished upon request to any school district where the juvenile is
26 enrolled or is seeking enrollment.
27 (3) (a) Until July 1, 2001, records of the department of correction to
28 the extent that disclosure thereof would interfere with the secure and
29 orderly conduct of their operations, or the rehabilitation of any person
30 in the custody of the department of correction, or would substantially
31 prejudice or prevent the carrying out of the functions of the department
32 of correction if the public interest in confidentiality clearly outweighs
33 the public interest in disclosure. Records exempt from disclosure shall
34 include, but not be limited to, those containing the names and addresses
35 of witnesses or victims or those containing information identifying vic-
36 tims or witnesses.
37 (b) Operation and security manuals, plans or codes of county jails and
38 buildings owned or leased by Idaho state government, a county or a city.
39 "Operation manuals" are those internal documents of any state government
40 agency, county or city building or jail that define the procedures uti-
41 lized to maintain security within the building or jail. "Plans or codes"
42 relate only to those documents, the release of which could jeopardize the
2
1 safety of workers in those buildings, or adversely affect the public
2 safety.
3 (c) Records of the commission of pardons and parole shall be exempt from
4 public disclosure pursuant to section 20-213A, Idaho Code, and section
5 20-223, Idaho Code. Records exempt from disclosure shall also include
6 those containing the names, addresses and written statements of victims.
7 (4) Voting records of the sexual offender classification board. In accor-
8 dance with section 18-8315, Idaho Code, the written record of the vote to
9 classify an offender as a violent sexual predator by each board member in each
10 case reviewed by that board member shall be exempt from disclosure to the pub-
11 lic and shall be made available upon request only to the governor, the chair-
12 man of the senate judiciary and rules committee, and the chairman of the house
13 of representatives judiciary, rules and administration committee, for all law-
14 ful purposes.
15 (5) Records of the sheriff or Idaho state police received or maintained
16 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
17 (6) Records of investigations prepared by the department of health and
18 welfare pursuant to its statutory responsibilities dealing with the protection
19 of children, the rehabilitation of youth, adoptions and the commitment of men-
20 tally ill persons.
21 (7) Records including, but not limited to, investigative reports, result-
22 ing from investigations conducted into complaints of discrimination made to
23 the Idaho human rights commission unless the public interest in allowing
24 inspection and copying of such records outweighs the legitimate public or pri-
25 vate interest in maintaining confidentiality of such records. A person may
26 inspect and copy documents from an investigative file to which he or she is a
27 named party if such documents are not otherwise prohibited from disclosure by
28 federal law or regulation or state law. The confidentiality of this subsection
29 will no longer apply to any record used in any judicial proceeding brought by
30 a named party to the complaint or investigation, or by the Idaho human rights
31 commission, relating to the complaint of discrimination.
32 (8) Records containing information obtained by the manager of the Idaho
33 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
34 behalf of employers or employees contained in underwriting and claims for ben-
35 efits files.
36 (9) The worker's compensation records of the Idaho industrial commission
37 provided that the industrial commission shall make such records available:
38 (a) To the parties in any worker's compensation claim and to the indus-
39 trial special indemnity fund of the state of Idaho; or
40 (b) To employers and prospective employers subject to the provisions of
41 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
42 limitations, who certify that the information is being requested with
43 respect to a worker to whom the employer has extended an offer of employ-
44 ment and will be used in accordance with the provisions of the Americans
45 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
46 (c) To employers and prospective employers not subject to the provisions
47 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
48 tory limitations, provided the employer presents a written authorization
49 from the person to whom the records pertain; or
50 (d) To others who demonstrate that the public interest in allowing
51 inspection and copying of such records outweighs the public or private
52 interest in maintaining the confidentiality of such records, as determined
53 by a civil court of competent jurisdiction; or
54 (e) To governmental agencies as may be provided in section 72-517, Idaho
55 Code.
3
1 (10) Records of investigations compiled by the commission on aging involv-
2 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
3 be abused, neglected or exploited.
4 (11) Criminal history records and fingerprints, as defined by section
5 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
6 shall be released only in accordance with chapter 30, title 67, Idaho Code.";
7 and renumber the subsequent section of the bill accordingly.
8 CORRECTION TO TITLE
9 On page 1, in line 2, following "COMMISSION;" insert: "AMENDING SECTION
10 9-340B, IDAHO CODE, TO PROVIDE THAT WORKER'S COMPENSATION RECORDS MAY BE MADE
11 AVAILABLE BY THE INDUSTRIAL COMMISSION TO CERTAIN GOVERNMENTAL AGENCIES AS
12 PROVIDED IN SECTION 72-517, IDAHO CODE; AND".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 98, As Amended
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE INDUSTRIAL COMMISSION; AMENDING SECTION 9-340B, IDAHO CODE, TO
3 PROVIDE THAT WORKER'S COMPENSATION RECORDS MAY BE MADE AVAILABLE BY THE
4 INDUSTRIAL COMMISSION TO CERTAIN GOVERNMENTAL AGENCIES AS PROVIDED IN SEC-
5 TION 72-517, IDAHO CODE; AND AMENDING SECTION 72-517, IDAHO CODE, TO ALLOW
6 THE INDUSTRIAL COMMISSION TO PROVIDE INFORMATION THAT IS OTHERWISE EXEMPT
7 FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT TO OTHER GOVERNMENT AGENCIES
8 TO ASSIST THOSE AGENCIES IN THE DISCHARGE OF THEIR DUTIES, TO PROVIDE PRO-
9 CEDURES AND TO PROVIDE FOR A FEE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
14 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
15 exempt from disclosure:
16 (1) Investigatory records of a law enforcement agency, as defined in sec-
17 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
18 Idaho Code.
19 (2) Juvenile records of a person maintained pursuant to chapter 5, title
20 20, Idaho Code, except that facts contained in such records shall be furnished
21 upon request in a manner determined by the court to persons and governmental
22 and private agencies and institutions conducting pertinent research studies or
23 having a legitimate interest in the protection, welfare and treatment of the
24 juvenile who is thirteen (13) years of age or younger. If the juvenile is
25 petitioned or charged with an offense which would be a criminal offense if
26 committed by an adult, the name, offense of which the juvenile was petitioned
27 or charged and disposition of the court shall be subject to disclosure as pro-
28 vided in section 20-525, Idaho Code. Additionally, facts contained in any
29 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
30 be furnished upon request to any school district where the juvenile is
31 enrolled or is seeking enrollment.
32 (3) (a) Until July 1, 2001, records of the department of correction to
33 the extent that disclosure thereof would interfere with the secure and
34 orderly conduct of their operations, or the rehabilitation of any person
35 in the custody of the department of correction, or would substantially
36 prejudice or prevent the carrying out of the functions of the department
37 of correction if the public interest in confidentiality clearly outweighs
38 the public interest in disclosure. Records exempt from disclosure shall
39 include, but not be limited to, those containing the names and addresses
40 of witnesses or victims or those containing information identifying vic-
41 tims or witnesses.
42 (b) Operation and security manuals, plans or codes of county jails and
43 buildings owned or leased by Idaho state government, a county or a city.
2
1 "Operation manuals" are those internal documents of any state government
2 agency, county or city building or jail that define the procedures uti-
3 lized to maintain security within the building or jail. "Plans or codes"
4 relate only to those documents, the release of which could jeopardize the
5 safety of workers in those buildings, or adversely affect the public
6 safety.
7 (c) Records of the commission of pardons and parole shall be exempt from
8 public disclosure pursuant to section 20-213A, Idaho Code, and section
9 20-223, Idaho Code. Records exempt from disclosure shall also include
10 those containing the names, addresses and written statements of victims.
11 (4) Voting records of the sexual offender classification board. In accor-
12 dance with section 18-8315, Idaho Code, the written record of the vote to
13 classify an offender as a violent sexual predator by each board member in each
14 case reviewed by that board member shall be exempt from disclosure to the pub-
15 lic and shall be made available upon request only to the governor, the chair-
16 man of the senate judiciary and rules committee, and the chairman of the house
17 of representatives judiciary, rules and administration committee, for all law-
18 ful purposes.
19 (5) Records of the sheriff or Idaho state police received or maintained
20 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
21 (6) Records of investigations prepared by the department of health and
22 welfare pursuant to its statutory responsibilities dealing with the protection
23 of children, the rehabilitation of youth, adoptions and the commitment of men-
24 tally ill persons.
25 (7) Records including, but not limited to, investigative reports, result-
26 ing from investigations conducted into complaints of discrimination made to
27 the Idaho human rights commission unless the public interest in allowing
28 inspection and copying of such records outweighs the legitimate public or pri-
29 vate interest in maintaining confidentiality of such records. A person may
30 inspect and copy documents from an investigative file to which he or she is a
31 named party if such documents are not otherwise prohibited from disclosure by
32 federal law or regulation or state law. The confidentiality of this subsection
33 will no longer apply to any record used in any judicial proceeding brought by
34 a named party to the complaint or investigation, or by the Idaho human rights
35 commission, relating to the complaint of discrimination.
36 (8) Records containing information obtained by the manager of the Idaho
37 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
38 behalf of employers or employees contained in underwriting and claims for ben-
39 efits files.
40 (9) The worker's compensation records of the Idaho industrial commission
41 provided that the industrial commission shall make such records available:
42 (a) To the parties in any worker's compensation claim and to the indus-
43 trial special indemnity fund of the state of Idaho; or
44 (b) To employers and prospective employers subject to the provisions of
45 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
46 limitations, who certify that the information is being requested with
47 respect to a worker to whom the employer has extended an offer of employ-
48 ment and will be used in accordance with the provisions of the Americans
49 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
50 (c) To employers and prospective employers not subject to the provisions
51 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
52 tory limitations, provided the employer presents a written authorization
53 from the person to whom the records pertain; or
54 (d) To others who demonstrate that the public interest in allowing
55 inspection and copying of such records outweighs the public or private
3
1 interest in maintaining the confidentiality of such records, as determined
2 by a civil court of competent jurisdiction; or
3 (e) To governmental agencies as may be provided in section 72-517, Idaho
4 Code.
5 (10) Records of investigations compiled by the commission on aging involv-
6 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
7 be abused, neglected or exploited.
8 (11) Criminal history records and fingerprints, as defined by section
9 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
10 shall be released only in accordance with chapter 30, title 67, Idaho Code.
11 SECTION 2. That Section 72-517, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 72-517. COOPERATION WITH OTHER AGENCIES. The commission shall have the
14 authority to enter into cooperative agreements with the director of the
15 department of labor, the administrator of the division of building safety, the
16 director of the department of health and welfare, state board of education,
17 state board for professional-technical education, state nuclear energy commis-
18 sion, and with other state agencies and with their successors, and with fed-
19 eral and private agencies, and to cooperate with programs sponsored by all
20 such agencies to facilitate the carrying out of the purposes of this law. The
21 commission may make records that are otherwise exempt from disclosure under
22 section 9-340B, Idaho Code, available to an agency of the federal government,
23 a state government, or a political subdivision thereof if the agency demon-
24 strates that there is a valid law enforcement purpose for the requested infor-
25 mation or the requested information would assist the requesting governmental
26 agency in carrying out its statutory, administrative or ministerial duties.
27 The requesting governmental agency shall cite the specific provision of law
28 that it is enforcing or administering and shall state the need for the
29 requested information. Records disclosed under this provision shall not be
30 further disclosed by the requesting agency unless otherwise authorized by law.
31 The commission may charge the requesting agency the actual cost of providing
32 the information.
STATEMENT OF PURPOSE
RS 10729
This proposal will amend Idaho Code Section 72-517 to allow the
Industrial Commission the discretion to provide information that is
otherwise exempt from disclosure under the Public Records Law to other
government agencies in order to assist those agencies in the discharge
of their specific statutory responsibilities. The amendment requires
the requesting agency to cite the specific statute it is enforcing or
administering and provides that no further disclosure of the records
will be made by the requesting agency.
FISCAL IMPACT
These amendments will have no fiscal impact on the General Fund or on
other governmental funds.
CONTACT
Name: Gary Stivers, Director
Agency: Idaho Industrial Commission
Phone: 334-6050
Statement of Purpose/Fiscal Impact H 98